M/s. Kalaimagal Finance, Kumbakonam V. ITO, Kumbakonam

ITA 3188/CHNY/2016

• Counselvise Citation: [2017] 127 COUNSELVISE.COM (IT) 5633 (ITAT-CHENNAI)
• Duration Of Justice: 1 year(s) 1 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2017
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 21-11-2016
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SUPRIYO PAL

Judgement Text

, .. , IN THE INCOME TAX APPELLATE TRIBUNAL , SMC B BENCH, CHENNAI . , ! BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER ./ I.T.A.NO.3188/MDS/2016 ( / ASSESSMENT YEAR: 2004-05) M/S. KALAIMAGAL FINANCE, 17-B, MURTHY CHETTY STREET, KUMBAKONAM 612001 VS THE INCOME TAX OFFICER, WARD 1(1), KUMBAKONAM PAN: AAAFK0670L ( / APPELLANT) ( / RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : SHRI SUPRIYO PAL, JCIT ! /DATE OF HEARING : 15.02.2017 '# ! /DATE OF PRONOUNCEMENT : 15.02.2017 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE COMMISSIONER OF INCOME TAX (APPEALS)-2, TIRU CHIRAPALLI DATED 06.10.2016 IN ITA NO.579/2006-07/CIT(A-2)/TRY AND I T PERTAINS TO ASSESSMENT YEAR 2004-05. 2. IN THIS APPEAL, NOTICE OF HEARING WAS SENT TO TH E ASSESSEE BY REGISTERED POST WITH ACKNOWLEDGEMENT CARD INTIMATIN G THE ASSESSEE THAT THE APPEAL IS FIXED FOR HEARING ON 15.02.2017. HOWEVER, ON 15.02.2017, NONE APPEARED ON BEHALF OF THE ASSESSEE , NOR ANY REQUEST FOR ADJOURNMENT WAS RECEIVED. FURTHER ON PERUSING THE FILE IT IS ALSO 2 I.T.A. NO.3188/MDS/2016 NOTICED THAT THE ASSESSEE HAS NOT REMITTED THE APPE AL FEES UNDER THE PRESCRIBED HEAD AND FURTHER THE DEFECTS POINTED OUT BY THE REGISTRY REMAINS TO BE CURED. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL F ILED BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DEL HI BENCH IN THE CASE OF CIT V. MULTIPLAN INDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CAS E OF LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL IN LIMI NE. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 15 TH FEBRUARY, 2017. SD/- ( . ) (A. MOHAN ALANKAMONY) / ACCOUNTANT MEMBER $% /CHENNAI, &' /DATED 15 TH FEBRUARY, 2017 JR. ' )* +* /COPY TO: 1. APPELLANT 2. RESPONDENT 3. , ( )/CIT(A) 4. , /CIT 5. *-. / /DR 6. .0 /GF.