Naduvannur Regional Co-op Bank Ltd, Calicut V. The ITO, Calicut

ITA 539/COCH/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96783 (ITAT-COCHIN)
• Duration Of Justice: 10 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-11-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 03-11-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 22-12-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR

Judgement Text

ITA NO S 539 & 540/C/201 4 1 IN THE INCOME TAX APPEL L A TE T R IBUNAL COCHIN BENCH , COCHIN BEFORE S/SH RI B P JAIN , A M & G EORGE GEORGE.K , J M ITA NO S 539 & 540/COCH/201 4 . (ASST YEAR S 2008 - 09 & 20 11 - 12 ) NADUVANNUR REGIONAL COOPERATIVE BANK LTD NADUVANNUR POST KOZHIKODE 6 73 614 VS THE INCOME TAX OFFICER WARD 2(1), CALICUT ( APPELLANT) (RESPONDENT) PAN NO. AABAN2276P ASSESSEE BY NONE REVENUE BY SHRI KP GOPAKUMAR SR DR DATE OF HEARING 3 RD NOV 2015 DATE OF PRONOUNCEMENT 3 RD NOV 2015 OR D ER PER GEORGE GEORGE. K. J M: THESE TWO APPEALS, AT THE INSTANT OF THE ASSESSEE, ARE DIRECTED AGAINST CONSOLIDATED ORDER DATED 11.9.2014 OF THE CIT(A) KOZHIKODE . THE RELEVANT ASSESSMENT YEARS ARE 2008 - 09 AND 20 11 - 12 RESPECTIVELY . 2 AT THE TIME OF HEARING OF THESE APPEALS NON E APPEARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE WAS SENT THROUGH RPAD. THE NOTICE HAS BEEN SENT ON THE ADDRESS GIVEN ON FORM NO.36. THE ASSESSEE HAS NOT INTIMATED CHANGE OF ADDRESS, IF ANY, TO THE TRIBUNAL. THERE IS NOT EVEN AN ADJOURNMENT PETITION RECEIVED FROM THE ASSESSEE. IN THE CIRCUMSTANCES, IT APPEARS THAT THE ASSESSEE IS ITA NO S 539 & 540/C/201 4 2 NOT INTERESTED IN PURSUING THESE APPEALS, AND NO USEFUL PURPOSE WOULD BE SERVED BY ADJOURNING THE HEARING. CONSIDERING THESE FACTS AND KEEPING IN MIND THE PROVISIONS OF RU LE 19(2) OF THE ITAT RULES, AS WERE CONSIDERED IN THE CASE OF MULTIPLAN INDIA, REPORTED IN 38 ITD 320 (DEL) AND IN VIEW OF THE DECISION OF THE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR, REPORTED IN 223 ITR 480, WE DISMISS TH ESE APPEALS IN LIMINE. HOWEVER, IF THE ASSESSEE ON A LATER STAGE GIVES EXPLANATION IN REGARD TO ITS NON - APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING BEFORE THE TRIBUNAL BY FILING A MISCELLANEOUS APPLICATION AS PER THE ITAT RULES AND IF THE BENCH IS SO SATISFIED THESE APPEALS OF THE ASSESSEE CAN BE RECALLED FOR HEARING ON MERIT. 3 IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 3 RD NOV 2015. SD/ - SD/ - ( B P JAIN ) ( GEORGE GEORGE K ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN: DATED 3 RD NOV 2015 RAJ* ITA NO S 539 & 540/C/201 4 3 COPY TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT(A) 4 . CIT , 5 . DR 6 . GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHI N