Chaluvada Anjaneyulu (HUF), Machilipatnam V. THE CIT, Vijayawada

ITA 248/VIZ/2014

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9819 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 4 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-10-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 19-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R GOVINDARAJAN
• Assessee Lawyers: N O N E

Judgement Text

ITA NO.248/VIZAG/2014 & 270/VIZAG/2015 SHRI CHALUVADI ANJANEYULU (HUF), MACHILIPATNAM 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NO.248/VIZAG/2014 ( / ASSESSMENT YEAR: 2009-10) CHALUVAD I ANJANEYULU (HUF) MACHILIPATNAM VS. CIT, VIJAYAWADA [PAN: AAAHC6340R ] ( % / APPELLANT) ( &'% / RESPONDENT) ./I.T.A.NO.270/VIZAG/2015 ( / ASSESSMENT YEAR: 2009-10) CHALUVADI ANJANEYULU (HUF) MACHILIPATNAM VS. CIT(A), VIJAYAWADA ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : N O N E / RESPONDENT BY : SHRI R. GOVINDARAJAN, DR / DATE OF HEARING : 17.10.2016 / DATE OF PRONOUNCEMENT : 17.10.201 6 ITA NO.248/VIZAG/2014 & 270/VIZAG/2015 SHRI CHALUVADI ANJANEYULU (HUF), MACHILIPATNAM 2 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THESE APPEALS FILED BY THE ASSESSEE ARE DIRECTED A GAINST THE ORDERS OF CIT, VIJAYAWADA DATED 28.3.2014 AND CIT(A ), VIJAYAWADA DATED 15.4.2015 FOR THE ASSESSMENT YEAR 2009-10. 2. IN THESE CASES, NOTICE WAS ISSUED FIXING THE CAS ES FOR HEARING ON 17.10.2016 AND THE NOTICE OF HEARING WAS DULY SENT BY REGD. POST. HOWEVER, ON 17.10.2016, NEITHER ASSE SSEE ATTENDED NOR THERE WAS ANY REQUEST FOR ADJOURNMENT. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS APPEAL. IT HAS BEEN H ELD BY THE HONBLE SUPREME COURT IN THE CASE OF B.N. BHATTACHA RGEE & ANR., 118 ITR 461 THAT APPEAL DOES NOT MEAN ONLY FILING O F MEMO OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL, COURT/ TRIBUNAL HAVE INHERENT POWER TO DISMISS THE APPEAL FOR NON-P ROSECUTION, AS HELD BY HONBLE HIGH COURT OF MUMBAI IN THE CASE OF M/S CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO. 62 OF 2009. IN VIEW OF THE RATIO LAID DOWN BY THE HONBLE COURTS A ND ALSO FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN ITA NO.248/VIZAG/2014 & 270/VIZAG/2015 SHRI CHALUVADI ANJANEYULU (HUF), MACHILIPATNAM 3 (INDIA) LTD., 38 ITD 320 AND MADHYA PRADESH HIGH CO URT IN LATE TUKOJIRAO HOLKAR 223 ITR 480 (MP), WE DISMISS THE A PPEALS OF THE ASSESSEE FOR WANT OF PROSECUTION. 3. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 17 TH OCT16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 17.10.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT SHRI CHALUVADI ANJANEYULU, PROP. SREE SEETHARAMANJANEYA RICE TRADERS, 6-156, FORT ROAD, M ACHILIPATNAM 2. / THE RESPONDENT THE CIT, VIJAYAWADA 3. ) ( ) / THE CIT(A), VIJAYAWADA 4. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 5 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM