Sri.Phinu Thomas, Trivandrum V. The ITO, Wd-3, Trivandrum

ITA 316/COCH/2018

• Counselvise Citation: [2018] 123 COUNSELVISE.COM (IT) 0789 (ITAT-COCHIN)
• Duration Of Justice: 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 12-09-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU A
• Keywords: Application of stay; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 316 /COCH/201 8 : ASST.YEAR 2010 - 2011 SA NO.32/COCH/2018 SRI. PHINU THOMAS C/O,DR.PRADEEP K.P. PODUVAL LEGAL, NO.235 GOLDE. JUBILEE CHAMBER HIGH COURT ROAD KOCHI 31. PAN : ACXPT7874N . VS. THE INCOME TAX OFFICER WARD 3 KOTTAYAM. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SMT.A.S.BINDHU A.S. DATE OF HEARING : 05.10 .2018 DATE OF PRONOUNCEMENT : 05 . 1 0.2018 O R D E R PER GEORGE GEORGE K., JM THIS APPEAL AND THE STAY APPLICATION AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST THE ORDER OF THE CIT(A) DATED 26.04.2018. THE RELEVANT ASSESSMENT YEAR IS 2010 - 2011. 2. WHEN THIS APPEAL AND STAY APPLICATION WERE CALLED FOR HEARING TODAY, NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION HAS BEEN FILED. THE NOTICE OF HEARING HAS BEEN ISSUED TO THE ASSESSEE AT THE GIVEN ADDRESS. IT IS, THEREFORE, PR ESUMED THAT THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS APPEAL. HENCE, WE DISMISS THE APPEAL AND THE STAY APPLICATION FILED BY THE ASSESSEE IN LIMINE FOR NON - PROSECUTION, BY FOLLOWING THE JUDGMENT OF THE HONBLE ITA NO. 316 / COCH /201 8 SA NO.32/COCH/2018 . SRI. PHINU THOMAS . 2 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 ]. HOWEVER, IF THE ASSESSEE SO DESIRES, SHALL BE FREE TO MOVE AN APPLICATION TO THIS TRIBUNAL PRAYING FOR RECALLING THIS APPEAL AND STAY APPLICATION , EXPLAINING REASONABLE CAUSE FOR NON - APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING. 3. IN THE RESULT, THE APPEAL AND STAY APPLICATION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THIS 05 TH DAY OF OCTOBER , 2018 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 05 TH OCTOBER , 2018 . DEVDAS* COPY OF THE ORDER FORWARDED TO : BY ORDER, (ASSTT. REGISTRAR) ITAT, COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR.CIT KOTTAYAM . 4. THE CIT (A) KOTTAYAM . 5. DR, ITAT, COCHIN 6 . GUARD FILE.