M/s. Paras Fincap Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 383/DEL/2014

• Counselvise Citation: 38320114 RSA 2014
• Duration Of Justice: 1 year(s) 6 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-08-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC 1
• Next Hearing Date: 18-08-2015
• Assessment Year: 2001-2002
• Appeal Filed On: 21-01-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K K JAISWAL
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH (SMC - I) NEW DELHI BEFORE : SHRI N.K. SAINI, ACCOUNTANT MEMBER ITA NO S . 382 & 383/DEL./2014 ASSTT. YEAR : 2001 - 02 M/S. PARAS FINCAP PVT. LTD., VS. INCOME - TAX OFFICER, 88, BALDEV PARK, PARWANA ROAD, WARD 14(1), NEW DELHI. KHUREJI KHAS, NEW DELHI. [PAN: AAACP 5386 M] (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI K.K. JAISWAL, SR. DR DATE OF HEARING : 18.08.2015 DATE OF PRO NOUNCEMENT : 18 .08.2015 ORDER TH ESE ARE APPEALS BY THE ASSESSEE AGAINST THE ORDER S DATED 31.10.2013 OF LD. CIT(A) - XVII, DELHI. 2. DURING THE COURSE OF HEARING NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE. EARLIER, THE CASE WAS FIXED ON 16.07.15. HOWEVER, NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE. THE DATE OF HEARING FOR 18.08.2015 WAS ANNOUNCED IN THE OPEN COURT AND EVEN THE NOTICE OF HEARING WAS SENT THROUGH REGISTERED POST ON 28.07.2015 FOR HEARING ON 18.08.2015. NO POWER OF ATTORNE Y IS AVAILABLE ON RECORD. IT, THEREFORE, APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE THE MATTER. 3. THE LAW AIDS THOSE WHO ARE VIGILANT, NOT THOSE WHO SLEEP UPON THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN WELL KNOWN DICTUM, VIGILANTIBUS ET NON DORMIENTIBUS JURA SUB VENIUNT . CONSIDERING THE FACTS AND KEEPING IN ITA NO S . 38 2 & 383/DEL/2014 2 VIEW THE PROVISIONS OF RULE 19(2) OF THE INCOME - TAX APPELLATE TRIBUNAL RULES AS WERE CONSIDERED IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., (38 ITD 320)(DEL), WE TREAT THIS APPEAL A S UNADMITTED. 4. SIMILAR VIEW HAS BEEN TAKEN BY THE HON BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480) WHEREIN IT HAS BEEN HELD AS UNDER: IF THE PARTY, AT WHOSE INSTANCE THE REFERENCE IS MADE, FA ILS TO APPEAR AT THE HEARING, OR FAILS IN TAKING STEPS FOR PREPARATION OF THE PAPER BOOKS SO AS TO ENABLE HEARING OF THE REFERENCE, THE COURT IS NOT BOUND TO ANSWER THE REFERENCE. 5. SIMILARLY, HON BLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF NEW DIWA N OIL MILLS VS. CIT (2008) 296 ITR 495) RETURNED THE REFERENCE UNANSWERED SINCE THE ASSESSEE REMAINED ABSENT AND THERE WAS NOT ANY ASSISTANCE FROM THE ASSESSEE. 6. THEIR LORDSHIPS OF HON BLE SUPREME COURT IN THE CASE OF CIT VS. B. BHATTACHARGEE & ANOTHER (118 ITR 461 AT PAGE 477 - 478) HELD THAT THE APPEAL DOES NOT MEAN, MERE FILING OF THE MEMO OF APPEAL BUT EFFECTIVELY PURSUING THE SAME. 7. SO BY RESPECTFULLY FOLLOWING THE VIEW TAKEN IN THE CASES CITED SUPRA, I DISMISS BOTH THESE APPEAL S FOR NON - PROSECU TION. 8. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. (ORDER PRONOUNCED IN THE COURT ON 18.08.2015 ) SD/ - ( N.K. SAINI ) ACCOUNTANT MEMBER DATED : 18.08.2015 *AKS/ - ITA NO S . 38 2 & 383/DEL/2014 3 COPY OF ORDER FORWARDED TO: (1) THE APPELLANT (2) THE RESPONDENT (3) COMMISSIONER (4) CIT(A) (5) DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT. REGISTRAR INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES, NEW DELHI