Kancor Ingredients Ltd, Ernakulam V. The ACIT, Cochin

ITA 351/COCH/2014

• Counselvise Citation: [2018] 126 COUNSELVISE.COM (IT) 4401 (ITAT-COCHIN)
• Duration Of Justice: 3 year(s) 8 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-03-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2008-2009
• Appeal Filed On: 17-07-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A DHANARAJ

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI CHANDRA POOJARI , AM & GEORGE GEORGE K., JM I.T.A. NOS. 351 & 352 /COCH/2014 ASSESSMENT YEAR S : 2008 - 09 & 2009 - 10 KANCOR INGREDIENTS LTD., XVII/138 KANAKKNKADAVU ROAD, ANGAMALY SOUTH, ERNAKULAM KOCHI-683 573. [PAN: AAACK 9969R] VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-1(2), KOCHI. (ASSESSEE - APPELLANT) (REVENUE - RESPONDENT) A SSESSEE BY NONE REVENUE BY SHRI A. DHANARAJ, SR. DR D ATE OF HEARING 21 / 0 3 /2018 DATE OF PRONOUNCEMENT 21/ 0 3 /2018 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: THESE TWO APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST THE ORDER OF THE CIT(A)-II, KOCHI DATED 15/02/2014 AND PERTAIN TO TH E ASSESSMENT YEARS 2008-09 AND 2009-10. 2 AT THE TIME OF HEARING OF THE APPEALS, NONE APP EARED ON BEHALF OF THE ASSESSEE THOUGH THE INTIMATION WAS GIVEN TO THE ASS ESSEE. THERE IS NOT EVEN AN ADJOURNMENT PETITION RECEIVED FROM THE ASSESSEE. I N THE CIRCUMSTANCES, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURS UING THE APPEALS, AND NO I.T.A. NOS.351&352/C/2014 2 USEFUL PURPOSE WOULD BE SERVED BY ADJOURNING THE HE ARING. 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, REP ORTED 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, REPORTED IN 223 ITR 480, WE DISMISS THE APPEALS IN LIMINE. HOWEVER, IF THE ASSESSEE IS AT LIBERTY TO GIVE EXPLANATION IN REGARD TO ITS NON-APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF H EARING BEFORE THE TRIBUNAL BY FILING A MISCELLANEOUS APPLICATIONS AS PER THE I TAT RULES AND IF THE BENCH IS SO SATISFIED, THE APPEALS OF THE ASSESSEE CAN BE RECA LLED FOR HEARING ON MERIT. 3 IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THI S 21 ST MARCH, 2018. SD/- SD/- ( GEORGE GEORGE K.) (CHAN DRA POOJARI) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: KOCHI DATED: 21 ST MARCH, 2018 GJ COPY TO: 1. KANCOR INGREDIENTS LTD., XVII/138 KANAKKNKADAVU ROAD, ANGAMALY SOUTH, ERNAKULAM, KOCHI-683 573. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -1(2), KOCHI. 3. THE PR. COMMISSIONER OF INCOME-TAX(APPEALS)-II, KOCHI 4. THE PR. COMMISSIONER OF INCOME-TAX, KOCHI 5. D.R., I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER ( ASSISTANT REGISTRAR) I.T.A.T., COCHIN I.T.A. NOS.351&352/C/2014 3