M/s. Shyam Constructions, Baroda V. The Addl.CIT, Range 6, Surat

ITA 2217/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 1124 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 02-09-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ADITYA SHUKLA SR D R

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENCH AHMEDABAD , BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER , ITA. NO.2217/AHD/2013 (ASSESSMENT YEAR:2009-10) M/S. SHYAM CONSTRUCTIONS, 10, BARODA AUTO SALES ESTATE, BESIDE CARGO MOTORS, OPP. GSFC CHHANI, VADODARA (GUJ.) APPELL ANT VS. ADDL. CIT, RANGE-6, SURAT RESPONDENT PAN: AAOFS1773J /BY APPELLANT : NONE /BY RESPONDENT :SHRI ADITYA SHUKLA, SR. D.R. ! '# /DATE OF HEARING : 13.07.2016 ! '# /DATE OF PRONOUNCEMENT : 14.07.2016 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-I, SURAT, DATE D 27.06.2013 FOR A.Y. 2009-10. 2. ON THE DATE OF HEARING I.E. ON 13.07.2016 NONE A PPEARED ON BEHALF OF ASSESSEE NOR ANY ADJOURNMENT APPLICATI ON WAS FILED ON BEHALF OF THE ASSESSEE, THOUGH THE NOTICE INTIMATING THE ITA NO.2217/AHD/13 A.Y. 09-10[M/S. SHYAM CONSTRUCTI ONS VS. ADDL.CIT] PAGE 2 DATE OF HEARING WAS SENT THROUGH REGISTERED A.D. VI DE INTIMATION DATED 17.06.2016 BUT THE SAME WAS RETURN ED BACK BY THE POSTAL AUTHORITIES WITH THE REMARK LEFT. T HE ASSESSEE HAS ALSO NOT INTIMATED THE CHANGED ADDRESS TO THE R EGISTRY. 2.1 IN VIEW OF THESE FACTS, IT IS CLEAR THAT THE AS SESSEE IS NOT INTERESTED IN PROSECUTING THIS APPEAL, AND ACCORDIN GLY, FOLLOWING THE DECISION OF THE MULTIPLAN (INDIA) (P) LTD., (38 ITD 320), I DISMISS THIS APPEAL FILED BY ASSESSEE FOR W ANT OF PROSECUTION. THE ASSESSEE SHALL HOWEVER BE AT LIBE RTY TO APPROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 3. AS A RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED FOR NON PROSECUTION. PRONOUNCED IN THE OPEN COURT ON THIS THE 14 TH DAY OF JULY, 2016. SD/- (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER AHMEDABAD: DATED 14/07/2016 TRUE COPY S.K.SINHA ! / COPY OF ORDER FORWARDED TO:- () * / REVENUE 2) / ASSESSEE -)./.01! 2! / CONCERNED CIT 4) 2!- / CIT (A) 5)67 8!019 '019: / / DR, ITAT, AHMEDABAD ;)8 <=> ? / GUARD FILE. BY ORDER / 9 /: .* '019: /