Shree Shankar Industries, Kolkata V. ITO, Ward - 44(3), Kolkata, Kolkata

ITA 228/KOL/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 1672 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 11 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-02-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 1986-1987
• Appeal Filed On: 15-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACHERJEE

Judgement Text

, D , IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D KOLKATA BEFORE SHRI WASEEM AHMED, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO.225-228/KOL/2016 ASSESSMENT YEAR:1986-87 SHREE SHANKAR INDUSTRIES, C/O.S. MURARKA & CO. 2, G.C. AVENUE, 4 TH FLOOR, ROOM NO.5, KOLKATA-13 [ PAN NO.AAZFS 4718 C ] / V/S . INCOME TAX OFFICER, WARD-44(3), 3, GOVT. PLACE (WEST), KOLKATA-700001 /APPELLANT .. /RESPONDENT /BY ASSESSEE NONE ! /BY REVENUE SHRI ARINDAM BHATTACHERJEE, ADDL. CIT-DR /DATE OF HEARING 01-02-2018 /DATE OF PRONOUNCEMENT 09-02-2018 /O R D E R PER BENCH:- THESE FOUR APPEALS, PERTAINING TO ASSESSMENT YEAR 1 986-87 OF SAME ASSESSEE, ARE DIRECTED AGAINST THE DIFFERENT ORDERS OF COMMIS SIONER OF INCOME TAX (APPEALS)- 13, KOLKATA OF EVEN DATE I.E. ON 30.11.2015. 2. THESE CASES WERE FIXED FOR HEARING ON 21.12.201 7. BUT NOBODY APPEARED AS WELL AS NO ADJOURNMENT APPLICATION WAS FILED BY THE ASSESSEE ON THE DAY OF HEARING. THEREFORE THESE CASES WERE ADJOURNED TO 01.02.2018 AND NOTICE FOR HEARING WAS DULY SENT TO THE ADDRESS AS SHOWN BY THE ASSESSEE IN FOR M NO. 36. EVEN THE CAUSE LIST WAS ALSO POSTED ON THE INTERNET. HOWEVER, ON THE DATE F IXED FOR HEARING, I.E. 01.02.2018 ITA NO.225-228/KOL/2016 A.Y. 1986-87 SHREE SHANKAR INDUSTRIES VS. ITO WD-44(3), KO L. PAGE 2 NEITHER ANYBODY APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS FILED BEFORE US. UNDER THESE FACTS, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THESE APP EALS. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM - ' VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIUNT '. 4. CONSIDERING THE FACTS AND KEEPING IN MIND THE P ROVISIONS 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 HON'BLE MADH YA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR -VS.- C.W.T . REPORTED IN 223 ITR 480, WE TREAT THESE APPEALS AS DISMISSED. 5. IN THE RESULT, ALL THE APPEALS STAND DISMISSED IN LIMINE . ORDER PRONOUNCED IN OPEN COURT ON 09/02/2018 SD/- SD/- ( ( !) ( !) (S.S.VISWANETHRA RAVI) (WASEEM AHMED) JUDICIAL MEMBER ACCOUNTANT MEMBER *DKP, SR.P.S * - 09/02/2018 / KOLKATA / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-SHREE SHANAKAR INDUSTRIES, C/O. S. MURAR KA & CO. 2, G.C. AVENUE, 4 TH FLOOR, ROOM NO. 5 KOLKKATA-700 013 2. ! /REVENUE-ITO, WARD-44(3), 3, GOVT. PLACE (WEST), KO LKATDA-700 001 3. - . / CONCERNED CIT 4. . - / CIT (A) 5. / ((- , - / DR, ITAT, KOLKATA 6. 3 / GUARD FILE. /TRUE COPY/ BY ORDER/ , SR. PRIVATE SECRETARY HEAD OF OFFICE/DDO -,