VA Tech Wabag Limited, CHENNAI V. DCIT, CHENNAI

ITA 2086/CHNY/2014

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 81273 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 08-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A V SREEKANTH
• Section: 263

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , C B ENCH, CHENNAI . , ! # $ , % & BEFORE SHRI A.MOHAN ALANKAMONY ACCOUNTANT MEMBER AND SHRI CHALLA NAGENDRA PRASAD, JUDICIAL MEMBER ./I.T.A.NO. 2086/MDS/2014 ( / ASSESSMENT YEAR: 2005-06) M/S. VA TECH WABAG LTD. WABAG HOUSE, 17, 200 FEET RADIAL ROAD, S.KOLATHUR ,(NR.KAMAKSHI HOSPITAL) CHENNAI-600 117. VS THE DEPUTY COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-III(4), CHENNAI. PAN: AABCV0225G ( /APPELLANT) ( /RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : MR. A.V.SREEKANTH, JCIT / DATE OF HEARING : 19 TH NOVEMBER, 2014 /DATE OF PRONOUNCEMENT : 28 TH NOVEMBER, 2014 / O R D E R PER CHALLA NAGENDRA PRASAD, JM: THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF THE COMMISSIONER OF INCOME TAX, (APPEALS)-III, C HENNAI DATED 25.03.2014 FOR THE ASSESSMENT YEAR 2005-06 ARISING OUT OF THE ASSESSMENT ORDER PASSED UNDER SECTION 14 3(3) READ WITH SECTION 263 OF THE ACT. 2. IN THIS APPEAL, NOTICE OF HEARING WAS SENT TO TH E ASSESSEE POSTING THE CASE FOR HEARING ON 19.11.2014 BY REGISTERED POST WITH AD AND WAS SERVED ON THE A SSESSEE AS IS EVIDENT FROM THE ACKNOWLEDGEMENT CARD PLACED ON 2 ITA NO.2086/MDS/2014 RECORD. APPEAL IS BARRED BY 48 DAYS AND NO CONDONA TION PETITION/AFFIDAVIT IS FILED BY THE ASSESSEE DESPITE DEFECT MEMO ISSUED. ON 19.11.2014, AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE, NOR ANY REQUEST FOR ADJO URNMENT WAS RECEIVED. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DELHI BENCH IN THE CASE OF CIT V. MULTIPLAN I NDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON 'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL FOR WA NT OF PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON FRIDAY, THE 28 TH DAY OF NOVEMBER, 2014 AT CHENNAI. SD/- SD/- ( . ) ( ( *+ ) ( A.MOHAN ALANKAMONY ) ( CHALLA NAGENDR A PRASAD ) - / ACCOUNTANT MEMBER * - / JUDICIAL MEMBER * /CHENNAI, / /DATED, 28 TH NOVEMBER, 2014 SOMU 3 ITA NO.2086/MDS/2014 12 32 /COPY TO: 1. APPELLANT 2. RESPONDENT 3. 4 () /CIT(A) 4. 4 /CIT 5. 2 7 /DR 6. /GF .