Sankriti Sales (P) ltd., Kolkata V. THE PCIT, KOLKATA-3, Kolkata

ITA 417/KOL/2016

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 4505 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Assessment Year: 2010-2011
• Appeal Filed On: 11-03-2016
• Court: TRIBUNAL
• Section: 263

Judgement Text

I.T.A. NO. 417/KOL./2016 ASSESSMENT YEAR: 2010-2011 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA D BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI N.V. VASUDEVAN, JUDICIAL MEMBER I.T.A. NO. 417/KOL/ 2016 ASSESSMENT YEAR: 2010-2011 SANSKRITI SALES PRIVATE LIMITED,................... ............................APPELLANT 20/B, RAJA BRAJENDRA NARAYAN STREET, 3 RD FLOOR, KOLKATA-700 007 [PAN : AAMCS 6588 E] -VS.- PRINCIPAL COMMISSIONER OF INCOME TAX-3,............ .................RESPONDENT KOLKATA, AAYAKAR BHAWAN, 5 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: N O N E, FOR THE ASSESSEE SHRI G. MALLIKARJUNA, CIT, D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : JULY 25, 2016 DATE OF PRONOUNCING THE ORDER : JULY 25, 2016 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX-3, KOLKATA DATED 30.10.2 015 PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961. 2. IN THIS CASE, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING FIXED TODAY NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN FILED. EVEN THE NOTICE SENT TO THE ASSESSEE BY REGI STERED POST WITH A/D AT THE ADDRESS GIVEN IN THE APPEAL MEMO HAS COME BACK FROM THE POSTAL AUTHORITIES UNDELIVERED WITH A REMARK NOT FOUND. THE ASSESSEE THUS HAS NOT BOTHERED TO FURNISH ITS CORRECT/ NEW ADDRESS IN ORDER TO FACILITATE THE SERVICE OF NOTICE OF HEARING. IT APPEARS FROM THIS CONDUCT OF THE ASSESSEE I.T.A. NO. 417/KOL./2016 ASSESSMENT YEAR: 2010-2011 PAGE 2 OF 2 THAT IT IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WEL L 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 PRADE SH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS.- C.W.T . REPORTED IN 223 ITR 480, WE TREAT THIS APPEAL AS UNADMITTED AND DISMISS THE SAME FOR NON- PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON JULY 25, 2016 . SD/- SD/- (N.V. VASUDEVAN) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 25 TH DAY OF JULY, 2016 COPIES TO : (1) SANSKRITI SALES PRIVATE LIMITED, 20/B, RAJA BRAJENDRA NARAYAN STREET, 3 RD FLOOR, KOLKATA-700 007 (2) PRINCIPAL COMMISSIONER OF INCOME TAX-3, KOLKATA, AAYAKAR BHAWAN, 5 TH FLOOR, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX, KOLKATA (4) THE DEPARTMENTAL REPRESENTATIVE (5) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.