M/s. Pritam Rice & General Mills, Jalandhar V. The Income tax Officer, Nakodar

ITA 428/ASR/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 5755 (ITAT-AMRITSAR)
• Duration Of Justice: 7 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2005-2006
• Appeal Filed On: 10-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.L. KARWA, VICE PRESIDENT AND SH. MEHAR SINGH, ACCOUNTANT MEMBER I.T.A. NO.428(ASR)/2010 ASSESSMENT YEAR:2005-06 PAN :AAGFP6029C M/S. PRITAM RICE & GENERAL MILLS, VS. THE INCOME-TA X OFFICER, VILL. ANGAKIRI. TEHSIL NAKODAR. NAKODAR. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. TARSEM LAL, DR ORDER PER MEHAR SINGH, AM, THE PRESENT APPEAL FILED BY THE ASSESSEE IS DIRECT ED AGAINST THE ORDER OF THE CIT(A), JALANDHAR, DATED 29.09.2010, PASSED UNDER SECTION 250(6) OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO I N SHORT THE ACT) FOR THE ASSESSMENT YEAR 2005-06. 2. THE ABOVE APPEAL WAS FIXED FOR HEARING ON 17 TH JUNE, 2010. AT THE TIME OF HEARING, NOBODY APPEARED ON BEHALF OF THE A SSESSEE. NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY REGISTERED AD POST ON 08.06.2011. THE SAID NOTICE HAS NOT BEEN RECEIVED BACK. THUS, IT AP PEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL AND THE SAME IS LIABLE TO BE DISMISSED ON THIS GROUND ITSELF. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIP LE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS, NON DORMENTIBUS, JURA 2 SUBVENIUNT. CONSIDERING THE FACTS AND KEEPING IN M IND THE PROVISIONS OF RULE 19(2) OF THE APPELLATE TRIBUNAL RULES AND B Y RELYING ON THE DECISION OF THE ITAT DELHI BENCH, IN THE CASE OF C.I.T. VS. MULTIPLAN INDIA LTD; 38- ITD-320 AND THE JUDGMENT OF THE HONBLE MADHYA PRAD ESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR VS. CW T (1997) 223-ITR-480, THE APPEAL IS DISMISSED FOR WANT OF PROSECUTION. W E ORDER ACCORDINGLY. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSE STANDS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON 17TH JUNE, 2011. SD/- SD/- (H.L. KARWA) (MEHAR SINGH) VICE PRESIDENT ACCOUNTANT MEMBER DATED:17TH JUNE, 2011 /SKR/ COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE: M/S. PRITAM RICE & GENERAL MILLS, VIL L. ANGAKIRI, THE. NAKODAR. 2. THE ITO, NAKODAR. 3. THE CIT(A), JALANDHAR. 4. THE CIT,JALANDHAR. 5. THE SR DR, ASR TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH : AMRITSAR.