The Vellur Service Co-op Bank Ltd, Kannur V. The ITO, Kannur

ITA 337/COCH/2015

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96732 (ITAT-COCHIN)
• Duration Of Justice: 3 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-10-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2010-2011
• Appeal Filed On: 16-06-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR

Judgement Text

ITA NO. 337 /C/2015 1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI B P JAIN , A M & GEORGE GEORGE.K , J M ITA NO. 337/COCH/2015 (ASST YEAR 2010 - 11 ) THE VELLUR SERVICE COOP BANK LTD VELLUR PO KANNUR 670 346 VS THE INCOME TAX OFFICER WARD 4, KANNUR ( A PPELLANT) (RESPONDENT) PAN NO. AAAAV3424A ASSESSEE BY NONE REVENUE BY SHRI K P GOPAKUMAR, SR DR DATE OF HEARING 12 TH OCT 2015 DATE OF PRONOUNCEMENT 12 TH OCT 2015 ORDER PER GEORGE GEORGE. K. J M: THIS APPEAL AT THE INSTANCE OF THE ASSE SSEE IS DIRECTED AGAINST THE ORDER DATED 19.03.2015 OF THE CIT(A), KOZHIKODE. THE RELEVANT ASSESSMENT YEAR IS 2010 - 11. 2 AT THE TIME OF HEARING OF THIS APPEAL NONE APPEARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE WAS SENT THROUGH RPAD AND THE SAME HAS BEEN RECEIVED BY THE ASSESSEE. ( THE POSTAL ACKNOWLEDGEMENT CARD IS PLACED ON RECORD). EVEN AFTER ISSUING THE DEFECT MEMO, THE ASSESSEE HAS NOT COMPLIED WITH THE SAME; AS THERE WAS NO LETTER OF AUTHORITY FILED BY THE ASSESSEE. ITA NO. 337 /C/2015 2 3 MOREOVER, T HERE 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 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 320 (DEL) AND IN VIEW OF THE DECISION OF THE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR, R EPORTED IN 223 ITR 480, WE DISMISS TH IS 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 BENCH IS SO SATISFIED THE APPEAL OF THE ASSESSEE CAN BE RECALLED FOR HEARING ON MERIT. 4 IN THE RESULT, THE APPEAL F ILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 12 TH OCT 2015. SD/ - SD/ - ( B P JAIN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN: DATED : 12 TH OCT 2015 RAJ* ITA NO. 337 /C/2015 3 COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . C IT(A) 4 . CIT, 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN