The Anakapalli Rural Electrical Co-Op. Society Ltd., Anakapalle V. THE ACIT, Visakhapatnam

ITA 500/VIZ/2014

• Counselvise Citation: [2016] 130 COUNSELVISE.COM (IT) 9897 (ITAT-VISAKHAPATNAM)
• Duration Of Justice: 2 year(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-08-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 05-07-2016
• Assessment Year: 2010-2011
• Appeal Filed On: 22-08-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S RAVI SANKAR NARAYAN
• Assessee Lawyers: N O N E

Judgement Text

ITA NO.500/VIZAG/2014 THE ANAKAPALLE RURAL ELECTRICAL CO-OP. SOCIETY LTD. , VSKP 1 , , IN THE INCOME TAX APPELLATE TRIBUNAL, VISAKHAPATNAM BENCH, VISAKHAPATNAM . , . , $ BEFORE SHRI V. DURGA RAO, JUDICIAL MEMBER & SHRI G. MANJUNATHA, ACCOUNTANT MEMBER ./I.T.A.NO.500/VIZAG/2014 ( / ASSESSMENT YEAR: 2010-11) THE ANAKAPALLE RURAL ELECTRICAL CO-OP. SOCIETY LTD., VISAHKAPATNAM VS. ACIT, CIRCLE - 5(1), VISAKHAPATNAM [PAN: AAAAT3410A ] ( % / APPELLANT) ( &'% / RESPONDENT) / APPELLANT BY : N O N E / RESPONDENT BY : SHRI S. RAVI SANKAR NARAYAN, DR / DATE OF HEARING : 2 4.08.2016 / DATE OF PRONOUNCEMENT : 2 4 .08.2016 / O R D E R PER V. DURGA RAO, JUDICIAL MEMBER: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF CIT(A), VISAKHAPATNAM DATED 14.2.2014 FOR THE ASSES SMENT YEAR 2010-11. ITA NO.500/VIZAG/2014 THE ANAKAPALLE RURAL ELECTRICAL CO-OP. SOCIETY LTD. , VSKP 2 2. IN THIS CASE, NOTICE WAS ISSUED FIXING THE CASE FOR HEARING ON 24.08.2016. HOWEVER, ON 24.08.2016, NEITHER ASSE SSEE ATTENDED NOR THERE WAS ANY REQUEST FOR ADJOURNMENT. IN THESE CIRCUMSTANCES, WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. IT HAS BEEN H ELD BY THE HONBLE SUPREME COURT IN THE CASE OF B.N. BHATTACHA RGEE & ANR., 118 ITR 461 THAT APPEAL DOES NOT MEAN ONLY FILING O F MEMO OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL, COURT/ TRIBUNAL HAVE INHERENT POWER TO DISMISS THE APPEAL FOR NON-P ROSECUTION, AS HELD BY HONBLE HIGH COURT OF MUMBAI IN THE CASE OF M/S CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO. 62 OF 2009. IN VIEW OF THE RATIO LAID DOWN BY THE HONBLE COURTS A ND ALSO FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., 38 ITD 320 AND MADHYA PRADESH HIGH CO URT IN LATE TUKOJIRAO HOLKAR 223 ITR 480 (MP), WE DISMISS THE A PPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. ITA NO.500/VIZAG/2014 THE ANAKAPALLE RURAL ELECTRICAL CO-OP. SOCIETY LTD. , VSKP 3 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. THE ABOVE ORDER WAS PRONOUNCED IN THE OPEN COURT ON 24 TH AUG16. SD/- SD/- ( . ) ( . ) (G. MANJUNATHA) (V. DURGA RAO) /ACCOUNTANT MEMBER /JUDICIAL MEMBER ! /VISAKHAPATNAM: % /DATED : 24.08.2016 VG/SPS '! (! /COPY OF THE ORDER FORWARDED TO:- 1. / THE APPELLANT THE ANAKAPALLE RURAL ELECTRICAL CO-OP. SOCIETY LTD., B- 1539, KASIMKOTA VILLAGE, KASIMKOTA, VISAKHAPATNAM 2. / THE RESPONDENT THE ACIT, CIRCLE-5(1), VISAKHAP ATNAM 3. ) / THE CIT, VISAKHAPATNAM 4. ) ( ) / THE CIT(A), VISAKHAPATNAM 5. ! , , , , ! / DR, ITAT, VISAKHAPATNAM 6 . / GUARD FILE / BY ORDER // TRUE COPY // /0 , (SR.PRIVATE SECRETARY) , , ! / ITAT, VISAKHAPATNAM