Kottur Service Co-op Bank Ltd, Calicut V. The ITO, Calicut

ITA 544/COCH/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96780 (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
• Bench Allotted: DB
• Next Hearing Date: 03-11-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 22-12-2014
• Court: TRIBUNAL
• Department Lawyers: K P GOPAKUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH C OCHIN BEFORE S/SHRI B.P. JAIN, AM AND GEORGE GEOR GE K., JM I.T.A. NO. 544/COCH/2014 ASSESSMENT YEAR : 2008-09 KOTTUR SERVICE CO-OPERATIVE BANK LTD., AVITANALLUR POST, KOZHIKODE-673 614. [PAN:AABAK 6702D] VS. THE INCOME TAX OFFICER, WARD- 2(1), KOZHIKODE. (ASSESSEE -APPELLANT) (REVENUE-RESPONDENT) ASSESSEE BY NONE REVENUE BY SHRI K.P. GOPAKUMAR, SR.DR DATE OF HEARING 03/11/2015 DATE OF PRONOUNCEMENT 03/11/2015 O R D E R PER B.P.JAIN, ACCOUNTANT MEMBER: THIS APPEAL OF THE ASSESSEE ARISES FROM THE ORDER OF THE LD. CIT(A), KOZHIKODE DATED 30-09-2014 FOR THE ASSESSMENT YEAR 2008-09. 2. AT THE TIME OF HEARING OF THIS APPEAL, NONE APPE ARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE OF HEARING WAS SENT THRO UGH RPAD. THE NOTICE WAS SENT ON THE ADDRESS GIVEN IN FORM NO.36. THE ASSESS EE HAS NOT INTIMATED CHANGE OF ADDRESS, IF ANY, TO THE TRIBUNAL. THERE I S NOT EVEN AN ADJOURNMENT PETITION RECEIVED FROM THE ASSESSEE. IN THE CIRCUMS TANCES, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL, AND NO USEFUL PURPOSE WOULD I.T.A. NO . 544/COCH/2014 2 BE SERVED BY ADJOURNING THE HEARING OF THE APPEAL. CONSIDERING THESE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES, AS WERE CONSIDERED IN THE CASE OF MULTIPLAN INDIA VS. CIT, REPORTED IN 38 ITD 320 (DELHI) AND IN VIEW OF THE DECISION OF THE MADHYA PRADESH H IGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR, REPORTED IN 223 IT R 480 ( M.P. ) , WE DISMISS THE APPEAL IN LIMINE. HOWEVER, IF THE ASSESSEE ON A LATER STAGE GIVES EXPLANATION WITH REGARD TO ITS NON-APPEARANCE BEFORE THE TRIBUN AL ON THE DATE OF HEARING BEFORE THE TRIBUNAL BY FILING A MISCELLANEOUS APPLI CATION AS PER THE ITAT RULES AND IF THE BENCH IS SO SATISFIED THE APPEAL OF THE ASSESSEE CAN BE RECALLED FOR HEARING ON MERIT. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 03-11-2015. SD/- SD/- (GEORGE GEORGE K.) (B.P. JAIN) JUDICIAL MEMBER ACC OUNTANT MEMBER PLACE: KOCHI DATED: 3RD NOVEMBER, 2015 GJ COPY TO: 1. KOTTUR SERVICE CO-OPERATIVE BANK LTD., AVITANALL UR POST, KOZHIKODE-673 614. 2. THE INCOME TAX OFFICER, WARD-2(1), KOZHIKODE. 3. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE. 4. D.R., I.T.A.T.,COCHIN. 5. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COCHIN I.T.A. NO . 544/COCH/2014 3