M/S SHREE HARIDARSHAN CONSTRUCTION COMPANY, Yavatmal V. CIT-II, Nagpur

ITA 228/NAG/2013

• Counselvise Citation: [2015] 121 COUNSELVISE.COM (IT) 1002 (ITAT-NAGPUR)
• Duration Of Justice: 2 year(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-06-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 24-05-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMITAVA BHATTACHARYA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL, NAGPUR BENCH, NAGPUR. BEFORE SHRI MUKUL K. SHRAWAT, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER. I.T.A. NO. 228/NAG/2013 ASS ESSMENT YEAR : 2009-10 SHREE HARIDARSHAN CONSTRUCTION COMPANY, C OMMISSIONER OF INCOME-TAX-II, 23, JIRAPURE LAYOUT, V/S. NAGPUR. AMRAI, WADGOAN, YAVATMAL-445001. PAN ABKFS7404B APPELLANT. RESPONDENT. APPELLANT BY : NON RESPONDENT BY : SH RI AMITAVA BHATTACHARYA. DATE OF HEARING - 07-05-2015 DATE OF ORDER 07-05-2015 O R D E R PER SHRI MUKUL K. SHRAWAT, J.M. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME-TAX-II, NAGPUR DATED 5 TH FEBRUARY, 2013 PERTAINING TO ASSESSMENT YEAR 2009-10. 2. THE NOTICE OF HEARING WAS ISSUED TO THE ASSESSEE FIXING THE DATE OF HEARING ON 07-05-2015 WHICH WAS SERVED ON THE ASSESSEE, A PROOF OF WHICH I.E. ACKNOWLEDGEMENT RECEIPT IS ON RECORD. NO ONE WAS PR ESENT ON BEHALF OF THE ASSESSEE ON THE DATE OF HEARING. NEITHER AN ADJOURNM ENT PETITION WAS FILED IN 2 RESPECT OF THE ABOVE ASSESSEE. IT MEANS THAT ASSESS EE IS NOT INTERESTED TO PROSECUTE THE APPEAL. HENCE. FOLLOWING THE DECISION IN THE CASE OF COMMISSIONER OF INCOME-TAX V/S. MULTIPLAN INDIA (P) LTD., 38 ITD 320 (DEL), THE APPEAL FILED BY THE ASSESSEE IS LIABLE TO BE DISMISSED FOR NON PRO SECUTION. 3. THE ASSESSEE, IF SO DESIRED, SHALL BE FREE TO M OVE THIS TRIBUNAL PRAYING FOR RECALLING THIS ORDER AND EXPLAINING REASONS FOR NON -COMPLIANCE ETC. THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 7TH MAY,, 2015. SD/- SD/- (SHAMIM YAHYA) (MUKUL K. SHRAWAT) ACCOUNTANT MEMBER JUDICIAL MEMBER. NAGPUR, DATED: 7 TH MAY, 2015. COPY OF ORDER FORWARDED TO : 1. THE ASSESSEE. 2. REVENUE. 3. THE CIT(A) 4. THE CIT, NAGPUR. 5. THE D.R., ITAT, NAGPUR. 6. GUARD FILE. T RUE COPY. BY ORDER ASSISTANT REGISTRAR, WAKODE ITAT, NAGPUR