M/s. Matarani Vintrade Pvt. Ltd., , Kolkata V. ITO, Ward - 15(1), Kolkata , Kolkata

ITA 343/KOL/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 7559 (ITAT-KOLKATA)
• Duration Of Justice: 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-01-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2012-2013
• Appeal Filed On: 26-02-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: AGAINST DATED PASSED
• Section: 143(3); 131

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH D, KOLKATA BEFORE SH.S.S.VISWANETHRA RAVI, JUDICIAL MEMBER & SH. A.L.SAINI, ACCOUNTANT MEMBER ITA NO.343/KOL/2018 (ASSESSMENT YEAR-2012-13) ORDER PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER THIS APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DATED 31.03.2017 PASSED BY CIT(A)-5, KOLKATA U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT ACT) FOR AY 2012-13. 2. THE APPELLANT-ASSESSEE CALLED ABSENT. WE FIND NO REPRESENTATION ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION FILED SEEKING ADJOURNMENT. THE ASSESSEE IS SET EX-PARTE AND THEREFORE, WE PROCEED TO HEAR THE RESPONDENT-REVENUE. 3. HEARD LD.DR AND PERUSED THE MATERIAL AVAILABLE ON RECORD. IT IS NOTED THAT THE ASSESSEE FILED RETURN OF INCOME DECLARING A TOTAL INCOME OF RS.310/-. ON AN EXAMINATION OF RECORD, THE AO ISSUED NOTICES U/S 131 OF THE ACT TO THE DIRECTORS OF ALL THE SHARE ALLOTTEE COMPANIES SEEKING PERSONAL ATTENDANCE. IN RESPONSE TO WHICH, SH. MUKESH KUMAR DUBEY, ONE OF THE DIRECTORS OF THE COMPANY APPEARED AND STATED THAT HE WOULD NOT BE ABLE TO PRODUCE ALL THE DIRECTORS OF THE SHARE ALLOTTEE COMPANIES EXCEPT M/S. OMESHWAR TRACOM PVT.LTD. AND M/S. HARMONY VANIJYA PVT.LTD.. FURTHER, M/S. MATARANI VINTRADE PVT.LTD., 9, CROOKED LANE, ROOM NO.7A, 1 ST FLOOR, KOLKATA-700069. PAN-AAHCM0024E VS ITO, WARD-15(1), AAYAKAR BHAWAN, POORVA, 110, SHANTIPALLY, KOLKATA-700107. (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SH. R.SHYAM, CIT DR DATE OF HEARING 13.12.2018 DATE OF PRONOUNCEMENT 16.01.2019 ITA NO.343/KOL/2018 (ASSESSMENT YEAR-2012-13) PAGE | 2 HE HELD NO OBJECTION IN ADDING THE SHARE CAPITAL INCLUDING PREMIUM INTRODUCED BY THE SAID COMPANIES TO THE TOTAL INCOME OF THE ASSESSEE. THE AO TAKING INTO CONSIDERATION THE SAID SUBMISSIONS ADDED AN AMOUNT OF RS.84,00,000/- TO THE TOTAL INCOME OF THE ASSESSEE VIDE HIS ORDER DATED 13.03.2015. 4. AGGRIEVED BY THE SAID ORDER BY THE AO AND THE ASSESSEE PREFERRED THE APPEAL BEFORE THE CIT(A). BUT, HOWEVER, NO REPRESENTATION MADE BEFORE THE CIT(A) AND THE CIT(A) DISMISSED THE GROUNDS OF APPEAL FILED BY THE ASSESSEE EX-PARTE AND MADE FURTHER ENHANCEMENT. BEFORE US AS DISCUSSED ABOVE, THE APPEAL WAS FILED ON 26.02.2018, THE REGISTRY ISSUED NOTICES ON 16.11.2018 INTIMATING THE DATE OF HEARING FIXED ON 13.12.2018 I.E. TODAY TO THE ASSESSEE BY RPAD. WHEN THE MATTER WAS CALLED ON 13.12.2018 I.E. TODAY, NEITHER ANY AUTHORIZED REPRESENTATIVE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT WAS FILED. THEREFORE, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL BEFORE THE TRIBUNAL. 5. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIENT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS MULTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HALKAR VS C.W.T. REPORTED IN 223 ITR 480, WE TREAT THIS APPEAL AS UNADMITTED AND DISMISS THE SAME FOR NON-PROSECUTION. 6. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED FOR NON PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 16.01.2019. SD/- SD/- (A.L.SAINI) (S.S.VISWANETHRA RAVI) ACCOUNTANT MEMBER JUDICIAL MEMBER [ DATE:-16.01.2019 *AMIT KUMAR* ITA NO.343/KOL/2018 (ASSESSMENT YEAR-2012-13) PAGE | 3 COPY FORWARDED TO: 1. APPELLANT- M/S. MATARANI VINTRADE PVT.LTD., 9, CROOKED LANE, ROOM NO.7A, 1 ST FLOOR, KOLKATA-700069. 2. RESPONDENT- ITO, WARD-15(1), AAYAKAR BHAWAN, POORVA, 110, SHANTIPALLY, KOLKATA-700107. 3. CIT-KOLKATA 4. CIT(APPEALS)-KOLKATA 5. DR: ITAT -KOLKATA BENCHES BY ORDER AR/H.O.O ITAT, KOLKATA