M/s. Shree Bajrang Constructions, BHILWARA V. ITO, BHILWARA

ITA 243/JODH/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3055 (ITAT-JODHPUR)
• Duration Of Justice: 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-04-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 01-03-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 01-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DEEPAK SEHGAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.K.SAINI, ACCOUNTANT MEMBER ITA NO. 243/JU/2012 ASSESSMENT YEAR 2008-09 M/S BAJRANG CONSTRUCTION VS. THE I.T.O KOTA ROAD, LADPURA WARD - 3 TEHSIL: MADALGARH BHILWARA DIST. BHILWARA PAN NO: ABHFS 9136 K (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI DEEPAK SEHGAL DATE OF HEARING : 04.04.2013 DATE OF PRONOUNCEMENT : 04.04.2013 ORDER PER HARI OM MARATHA, J.M. THIS APPEAL FILED BY THE ASSESSEE FOR A.Y. 2008-09 IS DIRECTED AGAINST THE ORDER OF THE CIT(A), AJMER DAT ED 19.03.2012. 2. EARLIER, THIS CASE WAS FIXED FOR HEARING ON 13. 12.2012 AND 24.1.2013 BUT WAS ADJOURNED AS NONE WAS PRESENT. T HEREAFTER, THE CASE 2 WAS FIXED FOR HEARING AGAIN FOR TODAY I.E. 04.04.20 13. HOWEVER, NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE NEITHER ANY A DJOURNMENT WAS SOUGHT. IT, THEREFORE, APPEARS THAT THE ASSESSEE I S NOT INTERESTED TO PROSECUTE THE MATTER. THE LAW AIDS THOSE WHO ARE V IGILANT, NOT THOSE WHO SLEEP UPON THEIR RIGHTS. THIS PRINCIPLE IS EMBO DIED IN WELL KNOWN DICTUM, VIGILANTIBUS ET NON DORMIENTIBUS JURA SUB VENIUNT. CONSIDERING THE FACTS AND KEEPING IN VIEW THE PROVI SIONS OF RULE 19(2) OF THE INCOME-TAX APPELLATE TRIBUNAL RULES AS WERE CON SIDERED IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., (38 ITD 320)(DEL), WE TREAT THIS APPEAL AS UNADMITTED. 3. SIMILAR VIEW HAS BEEN TAKEN BY THE HONBLE MADH YA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT (223 ITR 480) WHEREIN IT HAS BEEN HELD AS UNDER: IF THE PARTY, AT WHOSE INSTANCE THE REFERENCE IS MADE, FAILS TO APPEAR AT THE HEARING, OR FAILS IN TAKING STEPS FOR PREPARATION OF THE PAPER BOOKS SO AS TO ENABLE HEARING OF THE REFERENCE, THE COURT IS NOT BOUND TO ANSWER THE REFERENCE. 4. SIMILARLY, HONBLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495) RETURNE D THE REFERENCE UNANSWERED SINCE THE ASSESSEE REMAINED ABSENT AND T HERE WAS NOT ANY ASSISTANCE FROM THE ASSESSEE. 3 5. THEIR LORDSHIPS OF HONBLE SUPREME COURT IN THE CASE OF CIT VS. B. BHATTACHARGEE & ANOTHER (118 ITR 461 AT PAGE 477-4 78) HELD THAT THE APPEAL DOES NOT MEAN, MERE FILING OF THE MEMO OF AP PEAL BUT EFFECTIVELY PURSUING THE SAME. 6. SO BY RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CASES CITED SUPRA, WE DISMISS THE APPEAL FOR NON-PROSECUTION. 7. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE COURT ON 04-04-2013. SD/- SD/- (N.K.SAINI) [HARI OM MARATHA] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 4 TH APRIL, 2013 VL/- COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT 4. THE CIT(A) BY ORDER 5. THE DR ASSISTANT REGISTRAR ITAT, JODHPUR