M/s.Karannur Service Co-op Bank Ltd, Calicut V. The ITO, Calicut

ITA 296/COCH/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96698 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 15-09-2015
• Assessment Year: 2010-2011
• Appeal Filed On: 20-05-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR

Judgement Text

ITA NO. 296 / COCH/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI B P JAIN , AM & GEORGE GEORGE.K, JM ITA NO. 296 /COCH/2015 (ASST YEAR 2010 - 11 ) THE KARANNUR SERVICE COOP BANK LTD NO.F 1244 PO ELATHUR KOZHIKODE 673 303 VS THE INCOME T A X OFFICER WARD 1(3), KOZHIKODE ( APP ELLANT ) (RESPONDENT) PAN NO. A AGFK7916H ASSESSEE BY NONE REVENUE BY SH K P GOPAKUMAR, SR DR DATE OF HEARING 15 TH SEPT 2015 DATE OF PRONOUNCEMENT 15 TH , SEPT 2015 ORDER PER GEORGE GEORGE K JM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 5/2/ 2015 OF THE CIT (A) , KOZHIKODE AND ITS RELATED TO THE AY 20 10 - 11 . 2 AT THE TIME OF HEARING OF THESE APPEAL NONE APPEARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE SENT THROUGH RPAD. THE NOTICE HAS BEE N SENT ON THE ADDRESS GIVEN ON FORM NO.36. T HE ASSESSEE HAS NOT INTIMATED CHANGE OF ADDRESS, IF ANY, TO THE TRIBUNAL. THERE IS NOT EVEN AN ADJOURNMENT PETITION RECEIVED FROM THE ASSESSEE. IN THE CIRCUMSTANCES, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL, AND NO USEFUL PURPOSE WOULD BE SERVED ITA NO. 296 / COCH/2015 2 BY ADJOURNING THE HEARING. CONSIDERING THESE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES, AS WERE CONSIDERED IN THE CASE OF MULTIPLAN INDIA, REPORTED IN 38 ITD 32 0 (DEL) AND IN VIEW OF THE DECISION OF THE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR, REPORTED IN 223 ITR 480, WE DISMISS THE APPEAL IN LIMINE. HOWEVER, IF THE ASSESSEE ON A LATER STAGE GIVES EXPLANATION IN REGARD TO ITS NON - APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING BEFORE THE TRIBUNAL BY FILING A MISCELLANEOUS APPLICATION AS PER THE ITAT RULES AND IF THE B ENCH IS SO SATISFIED THE APPEAL OF THE ASSESSEE CAN BE RECALLED FOR HEARING ON MERIT. 3 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 15 TH SEPT 2015. SD/ - SD/ - ( B P JAIN ) ( GEORGE GEORGE.K ) A CCOUNTANT MEMBER JUDICIAL MEMBER COCHIN: DATED : 15 TH SEPT 2015 RAJ* ITA NO. 296 / COCH/2015 3 COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT, 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN