Shri Shamnewadi Crdit Souhard Sah. Ltd., Belgaum V. Income-Tax Officer, Ward- 1,

ITA 338/PAN/2013

• Counselvise Citation: 33824114 RSA 2013
• Duration Of Justice: 8 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-08-2014
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 04-08-2014
• Assessment Year: 2010-2011
• Appeal Filed On: 14-11-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B BARTHAKUR LD

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PANAJI BENCH, PANAJI BEFORE SHRI P. K. BANSAL, HONBLE ACCOUNTANT MEMBER AND SHRI D.T. GARASIA, HONBLE JUDICIAL MEMBER ITA NO. 338/PNJ/2013 (ASSESSMENT YEAR - 2010 - 11) SHRI SHAMNEWADI CREDIT SOUHARD SAHAKARI LIMITED, SADALGA ROAD, SHAMNEWADI, TAL: CHIKODI, DIST: BELGAUM. PAN: AACAS 0568C (APPELLANT) VS. THE INCOME TAX OFFICER, WARD - 1 NIPANI . (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI B. BARTHAKUR, LD. DR. DATE OF HEARING : 04/08 /2014 DATE OF PRONOUNCEMENT : 04/08 /2014 O R D E R PER: D.T. GARASIA THIS APPEAL HAS BEEN FILED BY THE ASSESSEES AGAINST THE ORDER OF THE CIT(A) BELGAUM, DATED 4 TH SEPTEMBER, 2013 FOR A.Y. 2010 - 11 . THE ABOVE CA SE WAS FIXED FOR HEARING ON 03.02. 2014, 13.3.2014 & 20.05 .2014. ON THE REQUEST OF ASSESSEE VIDE APPLICATION DATED 19 TH MAY, 2014 THE CASE WAS ADJOURNED FOR 04.08.2014. AT THE TIME OF HEARING, NEITHER DID ANY ONE APPEAR ON BEHALF OF THE ASSESSEE NOR WAS ANY ADJOURNMENT APPLICATION SUBMITTED BY THE ASSESSEE . WE THEREFORE, FEEL THAT THE ASSESSEE IS NOT INTERESTED IN PUR SUING THE APPEAL. 2. THE LAWS ASSIST THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL - KNOWN DICTUM VIGILANTBUS NON DORMENTIBUS, JURA SUBVENIUNT. CONSIDERING THE FACTS AND 2 . ITA NO. 338/PNJ/2013 (A SST .Y EAR .2010 - 11) KEEPING IN MIND THE PROVI SIONS OF RULE 19(2) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, AS WERE CONSIDERED IN 38 ITD 320 (DEL) IN THE CASE OF CIT V. MULTIPLAN INDIA LTD. AS ALSO IN 223 ITR 480 (M.P) IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, WE TREAT THESE APPEALS AS NOT ADMITTED. 3. THEREFORE, FOLLOWING THE DECISION OF 38 ITD 320 READ WITH RULE 24 & 25 WITH 19 OF THE ITA RULES, WE DISMISS THE APPEAL FOR DEFAULT SINCE WE FIND THAT THE ASSESSEE IS NOT WILLING TO PROSECUTE THE APPEALS. OUR VIEW GETS SUPPORT FROM THE JUDGEMENT OF 255 ITR 467 (AP) AND 265 ITR 252. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. ORDER PRO NOUNCED IN THE OPEN COURT ON 4 .8.2014. S D / - S D / - ( P.K. BANSAL) (D.T. GARASIA) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE : PANAJI / GOA DATED : 4 .8.2014 P.S. - *PK* COPY TO : ( 1 ) APPELLANT ( 2 ) RESPONDENT ( 3 ) CIT CONCERNED ( 4 ) CIT(A) CONCERNED ( 5 ) D.R ( 6 ) GUARD FILE TRUE COPY, BY ORDER