M/s. Orissa Engineering Udyog Pvt. Ltd., Cuttack V. Principal CIT, Cuttack

ITA 322/CTK/2016

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4396 (ITAT-CUTTACK)
• Duration Of Justice: 1 year(s) 4 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-01-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-01-2018
• Assessment Year: 2011-2012
• Appeal Filed On: 26-08-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K DASH

Judgement Text

1 ITA NO. 322/CTK/2016 ASSESSMENT YEAR : 2010 - 2011 IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER ITA NO. 322 /CTK/2016 ASSESSMENT YEAR : 2010 - 2011 M/S. ORISSA ENGINEERING UDYOG PVT LTD., AT: PLOT NO.53/17, PHASE - II, NEW INDUSTRIAL ESTATE, JAGATPUR, CUTTACK VS. PR. CIT, CUTTACK. PAN/GIR NO. AAACO 6669 G (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI S.K DASH , CIT DR DATE OF HEARING : 0 3 / 01 / 201 8 DATE OF PRONOUNCEMENT : 03 / 0 1/ 201 8 O R D E R PER PAVAN KUMAR GADALE, JM THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER US.263 OF THE ACT OF THE PR. CIT(A) , CUTTACK DATED 11.3.2016 FOR THE ASSESSMENT YEAR 201 - 2011. 2. THE APPEAL WAS LAST FIXED FOR HEARING ON 1.11.2017 AND AT THE REQUEST OF LD A.R. OF THE ASSESSEE, THE CASE WAS ADJOURNED TO 16.11.2017. THEREAFTER ON 16.11.2017 AT THE REQUEST OF LD D.R. THE CASE WAS ADJOURNED TO 26.12.2017 . ON 26.12.2017 ALSO, THE CASE WAS ADJOURNED TO 3.1.2018 AT THE REQUEST OF LD A.R. OF THE ASSESSEE AND BOTH THE PARTIES WERE INFORMED IN THE OPEN COURT. HOWEVER, ON 3.1.2018, WHEN THE CASE 2 ITA NO. 322/CTK/2016 ASSESSMENT YEAR : 2010 - 2011 WAS CALLED FOR HEARING, NOBODY APPEARED ON BEHALF OF THE ASSESSEE NOR WAS ANY ADJOURNME NT APPLICATION FILED. FROM THE ABOVE, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL BEFORE THE TRIBUNAL. WHILE TAKING THIS VIEW, WE DERIVE SUPPORT FROM THE DECISION OF ITAT DELHI IN THE CASE OF MULTIPLAN INDIA PVT LTD., 38 ITD 320 (DEL). HENCE, WE DISMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON 03 / 01 /201 8 . SD/ - SD/ - ( N.S SAINI) ( PAVAN KUMAR GADALE) A CCOUNTANT MEMBER JUDICIALMEMBER CUTTACK; DATED 03 / 01 /201 8 B.K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : M/S. ORISSA ENGINEERING UDYOG PVT LTD., AT: PLOT NO.53/17, PHASE - II, NEW INDUSTRIAL ESTATE, JAGATPUR, CUTTACK 2. THE RESPONDENT. PR. CIT, CUTTACK. 3. THE CIT(A) - 4 . DR, ITAT, CUTTACK 5 . GUARD FILE. //TRUE COPY//