M/s.The Nilambur Co-op Urban Bank Ltd, Malappuram V. The ACIT, Tirur

ITA 294/COCH/2017

• Counselvise Citation: [2018] 121 COUNSELVISE.COM (IT) 5335 (ITAT-COCHIN)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-06-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2009-2010
• Appeal Filed On: 05-06-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 294 /COCH/201 7 : ASST.YEAR 2009 - 2010 ITA NO. 295 /COCH/201 7 : ASST.YEAR 2010 - 2011 ITA NO.296/COCH/2017 : ASST. YEAR 2011 - 2012 M/S. THE NILAMBUR CO - OPERATIVE URBAN BANK LTD. HEAD OFFICE, P.B. NO.10 P.O.NILAMBUR 679 329 DIST : MALAPURAM. PAN : AAATT2863N . VS. THE ASST.COMMISSIONER OF INCOME - TAX, CIRCLE 2(2) TIRUR. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SRI.A.DHANARAJ, SR.DR DATE OF HEARING : 11 .0 6 .2018 DATE OF PRONOUNCEMENT : 12 .0 6 .2018 O R D E R PER BENCH TH E S E THREE APPEAL S AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST THE ORDER S OF THE COMMISSIONER OF INCOME - TAX (APPEALS) , ALL DATED 31.03.2017 . THE RELEVANT ASSESSMENT YEAR S ARE 2009 - 2010 AND 2010 - 2011 . 2. WHEN THE S E APPEAL S WERE CALLED FOR HEARING TODAY, NEITHER ANYBODY APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPL ICATION HAS BEEN FILED. THE NOTICE OF HEARING HAS BEEN ISSUED TO THE ASSESSEE AT THE GIVEN ADDRESS. IT IS, THEREFORE, PRESUMED THAT THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL S . HENCE, WE DISMISS THE APPEAL S OF THE ITA NO S . 294 - 29 6 /COCH/2017 . M/S. THE NILAMBUR CO - OP URBAN BANK LTD. 2 ASSESSEE IN LIMINE FOR NON - PROSECUTION, BY FOLLOWING THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF TUKOJI RAO HOLKAR V. CWT [(1997) 223 ITR 480 (MP)] AND THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL IN CIT V. MULTIPLAN INDIA P. LTD. [(1991 ) 38 ITD 320]. 3 . IN THE RESULT, THE APPEAL S FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THIS 12 TH DAY OF JUNE , 2018 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIA L MEMBER COCHIN ; DATED : 12 TH JUNE , 2018 . DEVDAS* COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR. CIT CALICUT . 4. THE CIT(APPEALS) - III, KOCHI . 5. DR, ITAT, COCHIN 6 . GUARD FILE.