Sh. Jain Dass Jain, Ferozepur Cantt. V. The Income-tax Officer, Ferozepur

ITA 426/ASR/2014

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 0784 (ITAT-AMRITSAR)
• Duration Of Justice: 1 year(s) 10 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-05-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 27-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMALENDU NATH MISHRA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH; AMRITSAR (SMC) BEFORE SH. A.D. JAIN, JUDICIAL MEMBER ITA NO.426(ASR)/2014 ASSESSMENT YEAR:2009-10 PAN: AEBP J7463H JAIN DASS JAIN, VS. INCOME TAX OFFICER, PROP. M/S. ARIHANT TRADING CO. FEROPZEPUR. SUJI BAZAR, FEROZPUR CANTT. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY:SH. AMALENDU NATH MISHRA, DR DATE OF HEARING: 09/05/2016 DATE OF PRONOUNCEMENT: 09/05/2016 ORDER THIS IS THE ASSESSEES APPEAL FOR THE ASSESSMENT YE AR 2009-10, AGAINST THE ORDER, DATED 25.03.2016, PASSED BY THE LD. CIT(A), BATHINDA. 2. NOTICE OF HEARING FOR TODAY, I.E., 09.05.2016 WA S ISSUED TO THE ASSESSEE BY RPAD ON 17.03.2016. AS PER RECORD, THE SAME HAS NOT RETURNED UNSERVED. HOWEVER, AT THE TIME OF HEARING, NEITHER THE ASSESSEE, NOR HIS AUTHORIZED REPRESENTATIVE APPEARED, NOR ANY APPLICATION FOR ADJOURNMENT WAS FILED. EARLIER, THE CASE WAS ADJOUR NED TO 15.03.2016 ON THE WRITTEN REQUEST OF THE ASSESSEES COUNSEL. 3. IN VIEW THE AFORESAID FACTS, I AM OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL AND THE SAME IS LIABLE TO BE DISMISSED ON THIS GROUND ITSELF. THEREFORE, CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE INCOME-TAX (APPELLATE TRIBUNAL) RULES, 1963, AS WERE CONSIDERE D IN THE CASE OF CIT 2 VS. MULTIPLAN INDIA LTD. REPORTED IN 38 ITD 320(DEL .), I TREAT THIS APPEAL AS UN-ADMITTED. ACCORDINGLY, THE APPEAL IS DISMISSE D FOR WANT OF PROSECUTION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EX PLAINING THE REASONS FOR NON-COMPLIANCE, ETC. AND IF THE BENCH IS SO SATISFI ED ABOUT THE REASONS, ETC., THIS ORDER SHALL BE RECALLED. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 09/05/ 2 016. SD/- (A.D. JAIN) JUDICIAL MEMBER DATED: 09/05/2016 /SKR/ COPY OF ORDER FORWARDED TO: 1. THE ASSESSEE: JAIN DASS JAIN, FEROZEPUR CANTT. 2. THE ITO, FEROZEPUR. 3. THE CIT(A),, BATHINDA. 4. THE CIT, BATHINDA. 5. THE SR. DR, ITAT, ASR. TRUE COPY, BY ORDER