Sri. Renukadevi Urben Co.opp. Crdit Society Ltd., Belgaum V. Income Tax Officer Ward-1(3), Belgaum

ITA 276/PAN/2013

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 75977 (ITAT-PANAJI)
• Duration Of Justice: 4 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 27-02-2014
• Assessment Year: 2005-2006
• Appeal Filed On: 03-10-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHANT K LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P. K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER ITA NOS. 275, 276, 27 7/PNJ/2013 (ASSESSMENT YEARS 2004 - 05, 2005 - 06 & 2006 - 07 ) SRI RENUKADEVI URBAN COOP CREDIT SOCIETY LTD. ANI AGASI ROAD, SAUNDATTI - 591126 KARNATAKA PAN: AAAAL0403B (APPELLANT) VS. THE INCOME TAX OFFICER, WARD - 1(3) , BELGAUM. (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI NISHANT K. LD. DR. DATE OF HEARING : 27/2/2014 DATE OF PRONOUNCEMENT : 27/2/2014 O R D E R PER: D.T. GARASIA THESE APPEALS HAVE BEEN FILED BY THE ASSESSEE AGAINST THE ORDERS OF THE CI T(A) BELGAUM, DATED 15 TH MAY, 2013 FOR THE A.YS. 2004 - 05, 2005 - 06 & 2006 - 07 . T HE ABOVE MENTIONED CASE S WERE FIXED FOR HEARING ON 27.02.2014. NOBODY APPEARED FOR THE APPELLANT BEFORE THE TRIBUNAL WHEN THE CASES WERE FIXED FOR HEARING. THE ASSESSEE MOVED AN APPLICATION FOR ADJOURNMENT. SINCE THERE IS NO PLAUSIBLE REASON IN THE APPLICATION, WE REJECT THE ADJOURN MENT. 2. THE LAWS ASSIST THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL - KNOWN DICTUM VIGILANTBUS NON DORMENTIBUS, JURA SUBVENIUNT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RUL E 19(2) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, AS WERE CONSIDERED IN 38 ITD 320 (DEL) IN THE CASE OF CIT V. 2 . ITA NO. 275 TO 277 /PNJ/2013 (A.Y. 2004 - 05 - 2006 - 07) MULTIPLAN INDIA LTD. AS ALSO IN 223 ITR 480 (M.P) IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, WE TREAT THESE APPEALS AS NOT ADMIT TED. 3. THEREFORE, FOLLOWING THE DECISION OF 38 ITD 320 READ WITH RULE 24 & 25 WITH 19 OF THE ITA RULES, WE DISMISS THE APPEAL FOR DEFAULT SINCE WE FIND THAT THE ASSESSEE IS NOT WILLING TO PROSECUTE THE APPEALS. OUR VIEW GETS SUPPORT FROM THE JUDGEMENT OF 255 ITR 467 (AP) AND 265 ITR 252. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON 27.2.2014. SD/ - SD/ - ( P.K. BANSAL) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : PANAJI / GOA DATED : 27.2. 2014 P.S. - *PK* COPY TO : ( 1 ) APPELLANT ( 2 ) RESPONDENT ( 3 ) CIT CONCERNED ( 4 ) CIT(A) CONCERNED ( 5 ) D.R ( 6 ) GUARD FILE TRUE COPY, BY ORDER SR. PRIVATE SECRETARY, ITAT, PANAJI, GOA 2 . ITA NO. 275 TO 277 /PNJ/2013 (A.Y. 2004 - 05 - 2006 - 07)