Chanakya Securities Pvt. Ltd., Kolkata V. ITO, Ward-7(4), Kolkata, Kolkata

ITA 2183/KOL/2014

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4699 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 8 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-08-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Next Hearing Date: 08-08-2016
• Assessment Year: 2003-2004
• Appeal Filed On: 05-12-2014
• Court: TRIBUNAL

Judgement Text

I.T.A. NO. 2183/KOL./2014 ASSESSMENT YEAR: 2003-2004 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A(SMC) BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER I.T.A. NO. 2183 /KOL/ 2014 ASSESSMENT YEAR: 2003-2004 CHANAKYA SECURITIES PVT. LIMITED,.................. ......................APPELLANT 14, INDIA EXCHANGE PLACE, 2 ND FLOOR, KOLKATA-700 001 [PAN : AABCC 0685 M] -VS.- INCOME TAX OFFICER,................................ ..............................RESPONDENT WARD-7(4), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: N O N E, FOR THE ASSESSEE SHRI SNEHANSHU BISWAS, ADDL. CIT, D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : AUGUST 08, 2016 DATE OF PRONOUNCING THE ORDER : AUGUST 08, 2016 O R D E R THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, KOLKATA DATED 21.03.2014. 2. IN THIS CASE, THE APPEAL OF THE ASSESSEE WAS INI TIALLY FIXED FOR HEARING ON 10.06.2016. THE ASSESSEE, HOWEVER, SOUGH T ADJOURNMENT ON THE SAID DATE AND ACCORDINGLY THE HEARING WAS ADJOU RNED TO 08.08.2016. ON 08.08.2016, I.E. TODAY, NONE HAS APPEARED ON BEH ALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN FI LED. IT IS ALSO NOTED THAT THERE IS A DELAY OF 264 DAYS ON THE PART OF TH E ASSESSEE IN FILING THIS APPEAL BEFORE THE TRIBUNAL. IN THIS REGARD, NO APPL ICATION HAS BEEN FILED BY THE ASSESSEE SEEKING CONDONATION OF THE SAID DEL AY. IT APPEARS FROM THIS CONDUCT OF THE ASSESSEE THAT IT IS NOT SERIOUS LY INTERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. I.T.A. NO. 2183/KOL./2014 ASSESSMENT YEAR: 2003-2004 PAGE 2 OF 2 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WEL L KNOWN DICTUM - VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIENT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS.- MULTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADE SH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS.- C.W.T . REPORTED IN 223 ITR 480, I TREAT THIS APPEAL AS UNADMITTED AND DISMISS THE SAME FOR NON- PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON AUGUST 08, 20 16. SD/- (P.M. JAGTAP) ACCOUNTANT MEMBER KOLKATA, THE 8 TH DAY OF AUGUST, 2016 COPIES TO : (1) CHANAKYA SECURITIES PVT. LIMITED, 14, INDIA EXCHANGE PLACE, 2 ND FLOOR, KOLKATA-700 001 (2) INCOME TAX OFFICER, WARD-7(4), KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-XXXVI, K OLKATA; (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.