Kumaralayam Properties, CHENNAI V. DCIT, CHENNAI

ITA 2200/CHNY/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 8036 (ITAT-CHENNAI)
• Duration Of Justice: 11 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2016
• Appeal Filed By: Assessee
• Bench Allotted: B
• Next Hearing Date: 15-09-2016
• Assessment Year: 2011-2012
• Appeal Filed On: 26-11-2015
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL
• Keywords: Application of stay

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . , . , BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER & SHRI DUVVURU R L REDDY , JUDICIAL MEMBER ./ I T.A. NO. 2200 /MDS/201 5 & S.P. NO. 01/MDS/2016 / ASSESSMENT YEAR :20 11 - 1 2 M/S. KUMARALAYAM PROPERTIES, NO. 41/2B, IIND FLOOR, ROYAL COURT, VENKATANARAYANA ROAD, T. NAGAR, CHENNAI 600 017. [PAN:A A C C K4608 F ] VS. THE DEPUTY COMMISSIONER OF INCOME TAX , COMPANY CIRCLE II(4 ) , CHENNAI. ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SHRI S UPRIYO PAL, JCIT / DATE OF HEARING : 1 5 . 0 9 .201 6 / DATE OF P RONOUNCEMENT : 22 . 1 1 .201 6 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME T AX (APPEALS) 8 , CHENNAI , DATED 17 . 0 9 .20 1 5 RELEVANT TO THE ASSESSMENT YEAR 20 11 - 1 2 . THE ASSESSEE HAS ALSO FILED A STAY PETITION SEEKING GRANT OF STAY OF DEMAND OF .46,44,293/ - TILL FINAL DISPOSAL OF THE APPEAL OF THE ASSESSEE FOR THE ASSESSMENT YEAR 2011 - 1 2. 2. AT THE REQUEST OF THE LD. COUNSEL FOR THE ASSESSEE DURING THE COURSE OF HEARING OF APPEAL ALONG WITH STAY PETITION OF THE ASSESSEE ON 21.06.2016, I.T.A. NO . 220 0 /M/ 15 & S.P.NO. 01/M/16 2 BOTH THE APPEAL AS WELL AS STAY PETITION WERE ADJOURNED AND POSTED FOR HEARING ON 15.09.2016. THE LD. COUNSEL FOR THE ASSESSEE ALSO NOTED THE DATE OF HEARING BY ENDORSING IN THE ORDER SHEET. HOWEVER, WHEN THE APPEAL AS WELL AS STAY PETITION FILED BY THE ASSESSEE WERE TAKEN UP FOR HEARING ON 15.09.2016, NONE APPEARED ON BEHALF OF THE ASSESSEE OR ANY ADJOURNMENT APPLICATION HAS BEEN FILED. HENCE, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. 3. THEREFORE, HAVING REGARD TO RULE 19(2) OF ITAT RULES AND FOLLOWING THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL IN T HE CASE OF MULTIPLAN (INDIA) LTD. (38 ITD 320) AND THE JUDGMENT OF THE HON BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR (223 ITR 480), THE APPEAL OF THE ASSESSEE IS DISMISSED FOR WANT OF PROSECUTION. 4. IN THE RESULT, THE APPEAL AND STAY PETITION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THE 22 ND NOVEMBER , 2016 AT CHENNAI. SD/ - SD/ - (A. MOHAN ALANKAMONY ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 22 . 1 1 .201 6 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.