M/s. Broadways Overseas Ltd, Jalandhar V. The Asstt. Commissioner of Income-tax, Jalandhar

ITA 266/ASR/2012

• Counselvise Citation: 26620914 RSA 2012
• Duration Of Justice: 4 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-10-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 11-10-2012
• Assessment Year: 2001-2002
• Appeal Filed On: 11-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER I.T.A. NO.266(ASR)/2012 ASSESSMENT YEAR:2001-2002 PAN : M/S. BROADWAY OVERSEAS LTD. VS. ASSTT. COMMISSIONER OF INCOME-TAX, JALANDHAR. RANGE-1, JALANDHAR. (APPELLANT) (RESPONDENT) APPELLANT BY:NONE RESPONDENT BY:SH. TARSEM LAL, DR DATE OF HEARING:11/10/2012 DATE OF PRONOUNCEMENT:11/10/2012 ORDER PER BENCH ; THE ASSESSEE HAS FILED THE PRESENT APPEAL AGAINST THE ORDER OF THE CIT(A), JALANDHAR, DATED 30.03.2012 FOR THE ASSESSM ENT YEAR 2001-02. 2. NOTICE OF HEARING WAS ISSUED TO THE ASSESSEE BY RPAD FOR 11.10.2012. INSPITE OF THIS, NEITHER THE ASSESSEE N OR HIS AUTHORISED REPRESENTATIVE ATTENDED NOR FILED ANY APPLICATION FOR ADJOURNMENT OF THE CASE. KEEPING IN VIEW THE FACTS AND CIRCUMSTANCES O F THE CASE, WE ARE OF THE 2 VIEW THAT THE ASSESSEE IS NOT INTERESTED TO PROSECU TE THE PRESENT APPEAL AND THE SAME IS LIABLE TO BE DISMISSED ON THIS GROUND I TSELF. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS, NO N DORMENTIBUS, JURA SUBVENIUNT. CONSIDERING THE FACT S AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE APPELLATE TRIBUNAL RULES AND BY RELYING ON THE DECISION OF THE ITAT DE LHI BENCH, IN THE CASE OF C.I.T. VS. MULTIPLAN INDIA LTD; 38-ITD-320 AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR VS. CWT (1997) 223-ITR-480, THE APPEAL IS DISMISSED FOR WANT OF PROSECUTION. WE ORDER ACCORDINGLY. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11TH OCTOBER, 2012. SD/ SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 11TH OCTOBER, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. BROADWAY OVERSEAS LTD; AMRITSAR 2. THE ACIT, RANGE-1, JALANDHAR. 3. THE CIT(A), JALANDHAR. 4. THE CIT, JALANDHAR. 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY 3 BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.