Shri Radheshyam Patel, Indore V. The ITO- 2(3), Indore

ITA 206/IND/2013

• Counselvise Citation: 20622714 RSA 2013
• Duration Of Justice: 2 year(s) 2 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-07-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 16-04-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R A VERMA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNA L INDORE BENCH, INDORE BEFORE SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER AND SHRI B.C. MEENA, HONBLE ACCOUNTANT MEMBER ITA NO. 206/IND/2013 A.Y. 2007-08 RADHESHYAM PATEL INDORE PAN ABPPP 3172N ::: APPELLANT VS INCOME TAX OFFICER 2(3) INDORE ::: RESPONDENT APPELLANT BY NONE RESPONDENT BY SHRI R.A. VERMA DATE OF HEARING 13.7.2015 DATE OF PRONOUNCEMENT 1 3 .7.2015 O R D E R PER SHRI B.C. MEENA, AM THIS APPEAL FILED BY THE ASSESSEEE EMANATES FROM THE ORDER OF THE LEARNED CIT(A)-I, INDORE, DATED 31.1 .2013. 2 2. AT THE TIME OF HEARING, NONE IS PRESENT FOR THE ASSESSEE WHEREAS SHRI R.A. VERMA, LD. SR. DR IS PRESENT FOR TH E REVENUE. 3. THIS APPEAL WAS FILED BY THE ASSESSEE ON 12.11.2013 . REGISTERED NOTICE FOR HEARING OF THE APPEAL ON 12.11. 2013 WAS SENT TO THE ASSESSEE AT THE ADDRESS FURNISHED BY TH E ASSESSE. ON THE DATE OF HEARING I.E. 10.9.2014 THE LE ARNED COUNSEL FOR THE ASSESSEE MOVED AN APPLICATION FOR ADJOURNMENT. ACCEPTING THE APPLICATION OF THE ASSESSE , THE CASE WAS ADJOURNED TO 19.12.2013 AND IT WAS PRONOUNCED IN THE OPEN COURT. ON THIS DATE ALSO, THE LEARNED COUN SEL FOR THE ASSESSEE MOVED AN APPLICATION FOR ADJOURNMENT. THE REQUEST FOR ADJOURNMENT WAS ACCEPTED BY THE BENCH B Y FIXING THE NEXT DATE OF HEARING ON 6.2.2014 AND IT WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF THE LEARNED COUNSEL FOR THE ASSESSE. ON 6.2.2014 SINCE TH ERE WAS NO BENCH, THE CASE WAS ADJOURNED SINE DIE. IT WAS 3 AGAIN FIXED FOR HEARING ON 13.7.2015 FOR WHICH NOTICE OF HEARING WAS SENT TO THE ASSESSEE. ON THIS DATE ALSO, NO NE APPEARED ON BEHALF OF THE ASSESSE. SHRI R.A. VERMA, LEARNED SENIOR DR WAS PRESENT FOR THE REVENUE. 3. FROM THE ABOVE CONDUCT OF THE ASSESSE, IT SEEMS TH AT THE ASSESSEE IS NOT INTERESTED IN PURSUING HER APPEAL. IT WAS THE DUTY OF THE ASSESSEE TO MAKE NECESSARY ARRANGEMENTS FOR EFFECTIVE REPRESENTATION ON THE APPOIN TED DATE. MERE FILING OF APPEAL IS NOT ENOUGH RATHER IT REQU IRES EFFECTIVE PROSECUTION ALSO. IN VIEW OF THESE FACTS, W E ARE OF THE VIEW THAT THE APPEAL OF THE ASSESSEE IS LIABLE FOR DISMISSAL. OUR VIEW IS SUPPORTED BY THE FOLLOWING JU DICIAL PRONOUNCEMENTS: I) IN THE CASE OF CIT V. B.N. BHATTACHARGEE AND ANOTHER, REPORTED IN 118 ITR 461 (RELEVANT PAGES 477 AND 478) WHEREIN THEIR LORDSHIPS HAVE HELD THAT: 4 THE APPEAL DOES NOT MEAN MERELY FILING OF THE APPEAL BUT EFFECTIVELY PURSUING IT. II) IN THE CASE OF ESTATE OF LATE TUKOJIRAOHOLKAR V. CWT, 223 ITR 480 (M.P.) WHILE DISMISSING THE REFERENCE MADE AT THE INSTANCE OF THE ASSESSEE IN DEFAULT MADE FOLLOWING OBSERVATION IN THEIR ORDER: IF THE PARTY, AT WHOSE INSTANCE THE REFERENCE IS MADE, FAILS TO APPEAR AT THE HEARING, OR FAILS IN TAKING STEPS FOR PREPARATION OF THE PAPER BOOKS SO AS TO ENABLE HEARING OF THE REFERENCE, THE COURT IS NOT BOUND TO ANSWER THE REFERENCE. III) IN THE CASE OF CIT V. MULTIPLAN INDIA LTD., 38 ITD 320 (DEL), THE APPEAL FILED BY THE REVENUE BEFORE THE TRIBUNAL, WHICH WAS FIXED FOR HEARING. BUT ON THE DATE OF HEARING, NOBODY REPRESENTED THE REVENUE/APPELLANT NOR ANY COMMUNICATION FOR ADJOURNMENT WAS RECEIVED. THERE WAS NO COMMUNICATION OR INFORMATION AS TO WHY THE REVENUE CHOSE TO REMAIN ABSENT ON DATE. THE TRIBUNAL ON THE BASIS OF INHERENT POWERS, TREATED THE APPEAL FILED BY THE REVENUE AS UNADMITTED IN VIEW OF THE PROVISIONS OF RULE 19 OF THE APPELLATE TRIBUNAL RULES, 1963. 5 ITA 206/IND/13 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR NON-PROSECUTION. PRONOUNCED IN OPEN COURT ON 13.7. 2015 SD SD (D.T. GARASIA) (B.C. MEENA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED - 13 JULY, 2015 DN/-