Sh. Ramakant Shankar Rao Sirsat, Gwalior V. I.T.O., Ward-1(2), Gwalior

ITA 468/AGR/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 7678 (ITAT-AGRA)
• Duration Of Justice: 5 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-06-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-06-2012
• Assessment Year: 2008-2009
• Appeal Filed On: 19-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO. 468/AGRA/2011 ASSTT. YEAR :2008-09 SHRI RAMAKANT SHANKAR RAO VS. INCOME-TAX OFFICER , SIRSAT, NEAR CHAMBALWANI PRESS WARD 1(2), GWALIO R. M.L.B. ROAD, GWALIOR. (PAN : AGXPR 3170 M) (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI R.K. JAIN, JR. D.R. DATE OF HEARING : 06.06.12 DATE OF PRONOUNCEMENT OF ORDER : 06.06.12 ORDER PER BHAVNESH SAINI, J.M.: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF LD. CIT(A), GWALIOR DATED 22.09.2011 FOR THE ASSESSMENT YEAR 20 08-09. 2. EARLIER, THE DATE OF HEARING IN THIS APPEAL WAS FIXED FOR 10.05.2012, WHEN THE APPEAL WAS ADJOURNED TO 06.06.2012 ON THE WRITTEN R EQUEST OF THE LD. COUNSEL FOR THE ASSESSEE. THE DATE WAS ANNOUNCED IN THE OPEN COURT AND NOTICE FOR HEARING WAS ALSO SENT THROUGH REGISTERED POST TO THE ASSESSEE. THE R EGISTERED COVER DID NOT RETURN BACK. HOWEVER, WHEN THE APPEAL WAS CALLED FOR HEARI NG, NONE APPEARED ON BEHALF ITA NO. 468 /AGRA/2011 2 OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION HAS COME ON RECORD. IT, THEREFORE, APPEARS THAT THE ASSESSEE IS NO MORE INTERESTED IN PROSECUTING THE APPEAL. HONBLE SUPREME COURT IN THE CASE OF CIT VS. B.N. BHATTACHA RGEE AND ANOTHER, 118 ITR 461(SC) OBSERVED THAT PREFERRING AN APPEAL MEANS EF FECTIVELY PURSUING IT. HONBLE M.P. HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJ IRAO HOLKAR VS. CWT, 223 ITR 480(MP) DISMISSED THE REFERENCE FILED BY THE ASSESS EE FOR NOT TAKING NECESSARY STEPS. SIMILAR VIEW IS TAKEN BY ITAT, DELHI BENCH I N THE CASE OF MULTIPLAN INDIA LTD., 38 ITD 320. CONSIDERING THE ABOVE, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THE APPEAL OF THE ASSESSEE IS, THEREFORE, DISMISSED IN LIMINE. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.06.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY