Rupa Fabrics Pvt. Ltd., Surat V. The Dy.CIT.,Circle-4, Surat

ITA 2405/AHD/2013

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0883 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 9 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2004-2005
• Appeal Filed On: 07-10-2013
• 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.2405/AHD/2013 (ASSESSMENT YEAR:2004-05) RUPA FABRICS PVT. LTD. 201, HARMAN GARDEN APPTS., OPP. KAKADIA COMPLEX, GHOD DOD ROAD, SURAT - 390007 APPELLANT VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE-4, SURAT RESPONDE NT PAN: AABCR1300G /BY APPELLANT :NONE /BY RESPONDENT :SHRI ADITYA SHUKLA, SR. D.R. ! '# /DATE OF HEARING : 14.07.2016 ! '# /DATE OF PRONOUNCEMENT : 19.07.2016 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-II, SURAT, DATED 12.07.2013 FOR A.Y. 2004-05. 2. AT THE OUTSET, IT IS SEEN FROM THE RECORDS THAT NOT ICE HAS BEEN ISSUED TO THE ASSESSEE ON 13.06.2016, HOWE VER, ITA NO.2405/AHD/13 A.Y. 04-05[RUPA FABRICS PVT. LTD . VS. DCIT] PAGE 2 ON THE DATE OF HEARING I.E. 14.07.2016 NONE APPEARED ON BEHALF OF ASSESSEE NOR FILED ANY ADJOURNMENT PETITI ON. THIS SHOWS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTIN G THIS APPEAL. 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 19 TH DAY OF JULY, 2016. SD/- (SHAILENDRA KUMAR YADAV) JUDICIAL MEMBER AHMEDABAD: DATED 19/07/2016 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: /