Florence Estates & Constructions Ltd., Hyderabad V. ITO, Ward 1 (2), Hyderabad

ITA 251/HYD/2014

• Counselvise Citation: 25122514 RSA 2014
• Duration Of Justice: 7 month(s) 5 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-09-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2005-2006
• Appeal Filed On: 18-02-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B RAMA KRISHNA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH A, HYDERABAD BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SMT. P. MADHAVI DEVI, JUDICIAL MEMBER ITA NO. 251/HYD/2014 ASSESSMENT YEAR 2005-06 M/S. FLORENCE ESTATES & CONSTRUCTIONS LTD. HYDERABAD PAN : AAACF8549E VS THE INCOME TAX OFFICER WARD-1(2) HYDERABAD APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SRI B. RAMA KRISHNA DATE OF HEARING: 24 .0 9 .2014 DATE OF PRONOUNCEMENT: 24 .0 9 .2014 ORDER PER P. MADHAVI DEVI, JM: THIS ASSESSEE'S APPEAL FOR ASSESSMENT YEAR 2005-06 IS DIRECTED AGAINST THE ORDER OF CIT(A)-II, HYDERAB AD DATED 15.9.2011. 2. THE APPEAL WAS POSTED FOR HEARING ON 29.5.2014 AND NOTICE WAS ACCORDINGLY ISSUED AND SERVED ON THE ASSESSEE. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE ON 29.5.2014 AND, THEREFORE, HEARING WAS ADJOURNED TO 24.9.2014 AND NOTICE BY RPAD WAS DIREC TED TO BE ISSUED TO THE ASSESSEE. THE NOTICE FOR HEARI NG ON 24.9.2014 WAS ISSUED AND SERVED ON THE ASSESSEE ON 11.7.2014 AS IS EVIDENCED FROM THE ACKNOWLEDGEMENT CARD OF THE POSTAL DEPARTMENT. 3. HOWEVER, ON 24.9.2014 NONE APPEARED FOR THE ASSESSEE BEFORE THIS TRIBUNAL. IN VIEW OF THE SAME , WE 2 ITA NO. 251/HYD/2014 M/S. FLORENCE ESTATES & CONSTRUCTIONS LTD. ================================= PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROS ECUTING ITS APPEAL. ACCORDINGLY, FOLLOWING THE RATIO LAID DOWN BY THE TRIBUNAL'S DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD. (38 ITD 320), THIS APPEAL IS N OT ADMITTED AND DISMISSED IN LIMINE. 3. HOWEVER, THE ASSESSEE IS AT LIBERTY TO FILE A MISCELLANEOUS PETITION SEEKING RECALL OF THIS ORDER , IF THERE IS SUFFICIENT CAUSE IN NOT APPEARING BEFORE THIS TR IBUNAL ON THE SCHEDULED DATE OF HEARING, I.E., ON 24.09.20 14. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 24 TH SEPTEMBER, 2014 SD/ - (P.M. JAGTAP) ACCOUNTANT MEMBER SD/ - (P. MADHAVI DEVI) JUDICIAL MEMBER HYDERABAD, DATED THE 24 TH SEPTEMBER, 2014 TPRAO COPY TO: 1. M/S. FLORENCE ESTATES & CONSTRUCTIONS LTD., C/O. SR I V. MADHUSUDHAN PHANI, CA, 10-3-335, VIJAY NAGAR COLONY, HYDERABAD-57. 2. THE INCOME TAX OFFICER, WARD - 1(2), AAYAKAR BHAVAN, BASHEERBAGH, HYDERABAD. 3. THE CIT(A) - II, HYDERABAD. 4. THE CIT - I, HYDERABAD. 5 . THE DR, A - BENCH, ITAT, HYDERABAD.