BALWANT SINGH SUBHASH & CO., Jaipur V. ACIT, Jaipur

ITA 385/JPR/2015

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 5106 (ITAT-JAIPUR)
• Duration Of Justice: 1 year(s) 4 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2008-2009
• Appeal Filed On: 23-04-2015
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAGHUVIR SINGH DAGUR CIT DHK

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHE S, JAIPUR JH DQY HKKJR] U;KF;D LNL; ,OA JH FOE FLAG ;KNO] YS [KK LNL; DS LE{K BEFORE: SHRI KUL BHARAT, JM & SHRI VIKRAM SINGH YAD AV, AM VK;DJ VIHY LA-@ ITA NO. 385/JP/2015 FU/KZKJ.K O'K Z@ ASSESSMENT YEAR : 2008-09. M/S. BALWANT SINGH SUBHASH & CO., 407, DBC TOWER, NEAR PINKCITY PETROL PUMP, M.I. ROAD, JAIPUR. CUKE VS. THE ACIT, CIRCLE-5, JAIPUR. LFKK;H YS[KK LA-@THVKBZVKJ LA-@ PAN NO. AAHFB 0322 K VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS@ ASSESSEE BY : NONE (DATE WAS NOTED) JKTLO DH VKSJ LS@ REVENUE BY : SHRI RAGHUVIR SINGH DAGUR (ADDL.CIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 22.08.2016. ?KKS'K .KK DH RKJH[K@ DATE OF PRONOUNCEMENT : 05/09/2016. VKNS'K@ ORDER PER SHRI KUL BHARAT, JM. THE APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LD.CIT(APPEALS)-2, JAIPUR DATED 24.03.2015 PERTAINING TO ASSESSMENT YE AR 2008-09. THE ASSESSEE HAS RAISED THE FOLLOWING GROUNDS OF APPEAL :- UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE THE LD. CIT (APPEAL) IS NOT JUSTIFIED IN UPHOLDING THE PENALTY OF RS. 16,99 ,500/- LEVIED U/S 271(1)(C) OF IT ACT 1961, FOR CONCEALMENT OF INCOME AND FURNISHING INACCURATE PARTICULARS THEREOF. 2. AT THE TIME OF HEARING, NO ONE APPEARED ON BEHAL F OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT IS SUBMITTED. ON EARLIE R OCCASION, THE ASSESSEE HAD SOUGHT ADJOURNMENT ON 11.04.2016 AND LAST OPPORTUN ITY WAS GRANTED ON 18.07.2016 FIXING THE DATE OF HEARING ON 22.08.2016. HOWEVER, ON THIS DAY NEITHER THE ASSESSEE 2 ITA NO. 385/JP/2015 M/S. BALWANT SINGH SUBHASH & CO. NOR HIS REPRESENTATIVE REMAINED PRESENT NOR ANY APP LICATION IS FILED. THEREFORE, IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PUR SUING ITS APPEAL. RESPECTFULLY FOLLOWING THE JUDGEMENTS OF HONBLE DELHI HIGH COUR T IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., 38 ITD 320 (DEL.) AND HONBLE MADHYA PR ADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 48 0 (MP), WE DISMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT ON 05/09/2016 . SD/- SD/- FOE FLAG ;KNO ( DQY HKKJR ) (VIKRAM SINGH YADAV) ( KUL BHARAT ) YS[KK LNL;@ ACCOUNTANT MEMBER U;KF;D LNL;@ JUDICIAL MEMBER JAIPUR DATED:- 05/09/2016. DAS/ VKNS'K DH IZFRFYFI VXZSF'KR@ COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT- M/S. BALWANT SINGH SUBHASH & CO. , JAIPUR. 2. THE RESPONDENT- THE ACIT, CIRCLE-5, JAIPUR. 3. THE CIT 4. THE CIT (A) 5. THE DR, ITAT, JAIPUR 6. GUARD FILE (ITA NO. 385/JP/2015) VKNS'KKUQLKJ@ BY ORDER, LGK;D IATHDKJ@ ASSISTANT. REGISTRAR 3 ITA NO. 385/JP/2015 M/S. BALWANT SINGH SUBHASH & CO.