M/s Bhuvi Ventures (P) Ltd., Hyderabad V. DCIT, Central Circle 7, Hyderabad

ITA 208/HYD/2014

• Counselvise Citation: 20822514 RSA 2014
• Duration Of Justice: 11 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-01-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 22-01-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 11-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SUMAN MALIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCHES A : HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER ITA.NO.208/HYD/2014 ASSESSMENT YEAR 2007-2008 M/S. BHUVI VENTURES (P) LTD., HYDERABAD. PAN AACCB8144P VS. DCIT, CENTRAL CIRCLE-7 HYDERABAD. (APPELLANT) (RESPONDENT) FOR ASSESSEE : -NONE- FOR REVENUE : SMT. SUMAN MALIK DATE OF HEARING : 22.01.2015 DATE OF PRONOUNCEMENT : 22.01.2015 ORDER PER P.M. JAGTAP, A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A)-I, HYDERABAD DA TED 15.02.2010 WHEREBY HE DISMISSED THE APPEAL OF THE A SSESSEE IN LIMINE HOLDING THE SAME TO BE NOT MAINTAINABLE FOR NON- PAYMENT OF TAX BY THE ASSESSEE ON THE INCOME RETURN ED. 2. IN THIS CASE, APPEAL FILED BY THE ASSESSEE WAS INITIALLY FIXED FOR HEARING ON 21.05.2014. ON THE S AID DATE, THE ASSESSEE HOWEVER, SOUGHT ADJOURNMENT AND ACCORDINGL Y, THE HEARING WAS FIXED ON 10.09.2014. ON 10.09.2014, NON E APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF H EARING. IN ORDER TO GIVE ONE MORE OPPORTUNITY TO THE ASSESSEE, HEARING WAS FURTHER ADJOURNED BY THE BENCH ON 20.01.2015 WI TH A DIRECTION TO THE REGISTRY TO SEND NOTICE OF THE SAI D HEARING TO THE ASSESSEE BY RPAD. ON 20.01.2015, THE ASSESSEE A GAIN 2 ITA.NO.208/HYD/2014 M/S. BHUVI VENTURES (P) LTD., HYDERABAD. SOUGHT ADJOURNMENT AND KEEPING IN VIEW THE FACTS AN D CIRCUMSTANCES, A SHORT ADJOURNMENT WAS GIVEN TO THE ASSESSEE BY FIXING THE HEARING ON 22.01.2015 WITH A DIRECTIO N TO THE ASSESSEE TO PRODUCE THE PROOF OF PAYMENT OF ADMITTE D TAX. AT THE TIME OF HEARING FIXED ON 22.01.2015, NOBODY HOW EVER HAS APPEARED ON BEHALF OF THE ASSESSEE. THIS TYPE OF AT TITUDE ON THE PART OF THE ASSESSEE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. 3. IT HAS BEEN HELD BY THE HON'BLE SUPREME C OURT IN THE CASE OF CIT VS. B. N. BHATTACHARJEE & ANOTHER ( SC) SUPREME COURT DECISION DT,04-05-1979, 118 ITR 461(S C) AT PAGES 477/478 THAT APPEAL DOES NOT MEAN FILING MEMO OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY. IN CASES W HERE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL, COURT/TRIBUNAL HAVE INHERENT POWERS TO DISMISS THE APPEAL FOR NON PROSE CUTION AS HELD BY THE HON'BLE BOMBAY HIGH COURT IN THE CASE O F M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPE AL NO. 62 OF 2009. 4. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., REPOR TED IN 38 ITD 320 (DEL), AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TU KOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 (MP), AND F URTHER THE DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17. 09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THIS APPEA L AS UN- ADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMIS SED. 3 ITA.NO.208/HYD/2014 M/S. BHUVI VENTURES (P) LTD., HYDERABAD. ORDER PRONOUNCED IN THE OPEN COURT ON 22.01.2015. SD/- SD/- (SAKTIJIT DEY) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER HYDERABAD, DATED 22 ND JANUARY, 2015 VBP/- COPY TO 1. M/S. BHUVI VENTURES (P) LTD., HYDERABAD C/O. N. NAGARAJU, ADVOCATE & TAX CONSULTANT, FLAT N O.12, MANOHAR APARTMENTS, VIDYANAGAR, HYDERABAD-44. 2. THE DCIT, CENTRAL CIRCLE-7, HYDERABAD. 3. CIT(A)-I, HYDERABAD 4. CIT-(CENTRAL), HYDERABAD. 5. D.R. I.T.A.T. A BENCH, HYDERABAD.