Shri Gheewala Pravinchandra Natverlal, Surat V. The Income Tax Officer, Ward-8(3), Surat

ITA 3091/AHD/2013

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 94451 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 year(s) 9 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 01-10-2015
• Assessment Year: 2009-2010
• Appeal Filed On: 26-12-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD SMC BENC H (BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER & SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER) ITA NO: 3091/AHD/2013 (ASSESSMENT YEAR: 2009-10) GHEEWALA PRAVINCHANDRA NATVERLAL, PROP. OF P.K. TEXTILES, SHED NO. 21, DHANKUBER INDL. ESTATE, VED ROAD, SURAT V/S INCOME TAX OFFICER, WARD- 8 (3), AAYAKAR BHAVAN, MAJURA GATE, SURAT (APPELLANT) (RESPONDENT) PAN: ABGPG 4388L APPELLANT BY : NONE RESPONDENT BY : SHRI SOMOGYAN PAL, SR. D.R. ( )/ ORDER DATE OF HEARING : 01-10-2015 DATE OF PRONOUNCEMENT : 01 -10-2015 PER ANIL CHATURVEDI, ACCOUNTANT MEMBER 1. THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE OR DER OF CIT(A)-V, SURAT DATED 19.07.2013 FOR A.Y. 2009-10. ITA NO 3091/ AHD/2013 . A.Y. 2009-10 2 2. ON THE DATE OF HEARING I.E. ON 01-10-2015 NONE APPE ARED ON BEHALF OF ASSESSEE NOR ANY ADJOURNMENT APPLICATION WAS FILED ON BEHALF OF THE ASSESSEE. WE FURTHER FIND THAT THE REGISTRY APART F ROM OTHER DEFECTS HAS ALSO NOTED THAT ASSESSEE HAS PAID TRIBUNAL FEES WHICH IS SHORT BY RS. 250/-. THERE IS NOTHING ON RECORD TO SHOW THAT THE DEFECTS POINT ED OUT BY THE REGISTRY HAVE BEEN RECTIFIED BY ASSESSEE AND HAS ALSO DEPOSI TED THE CORRECT TRIBUNAL FEES. THESE FACTS INDICATE THAT THE ASSESSEE IS NOT SERIOUS IN PROSECUTING THE APPEAL AND THEREFORE, FOLLOWING THE DECISION OF ITA T DELHI BENCH IN THE CASE OF CIT VS MULTIPLAN INDIA (PVT.) LTD., 38 ITD 320 (DEL), WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE. THE ASSESSEE SHA LL HOWEVER BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING AND AFTER REMOVING THE DEFECTS POINTED OUT BY THE REGISTRY. 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON 01- 10 - 2015 . SD/- SD/- (RAJPAL YADAV) (ANIL CHATURVEDI) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD: TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT, AHMEDABAD