Accurach Acrylics P. Ltd, Koratty,Trchur V. The ITO, Wd-1, , Alappuzha

ITA 574/COCH/2018

• Counselvise Citation: [2019] 115 COUNSELVISE.COM (IT) 3006 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-03-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Next Hearing Date: 06-03-2019
• Assessment Year: 2012-2013
• Appeal Filed On: 18-12-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A S BINDHU
• Keywords: Application of stay; Reasonable cause

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE SHRI CHANDRA POOJAR I, AM & SHRI GEORGE GEORGE K, JM ITA NO. 574 /COCH/201 8 : ASST.YEAR 2012 - 2013 & (SA NO.46/COCH/2018) M/S. ACCURACH ACRYLICS (P) LIMITED. C/O.RAMESH CHERIAN JOHN ADVOCATE, E - 9, 4 TH FLOOR METRO PLAZA, MARKET ROAD ERNAKULAM. PAN : AAJCA4575G . VS. THE INCOME TAX OFFICER WARD 1 ALLAPUZHA. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SMT.A.S.BINDHU, SR.DR DATE OF HEARING : 06 .03.2019 DATE OF PRONOUNCEMENT : 06 .03.2019 O R D E R PER GEORGE GEORGE K., JM THIS APPEAL AND STAY APPLICATION AT THE INSTANCE OF THE ASSESSEE ARE DIRECTED AGAINST CIT(A)S ORDER DATED 03.09.2018 . THE RELEVANT ASSESSMENT YEAR IS 2012 - 2013 . 2. WHEN THIS APPEAL AND STAY APPLICATION WERE CALLED FOR HEARING TODAY, NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN FILED. THE NOTICE OF HEARING HAS BEEN ISSUED TO THE ASSESSEE AT THE GIVEN ADDRESS. IT IS, THEREFORE , PRESUMED THAT THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL AND STAY APPLICATION . HENCE, WE DISMISS THE APPEAL AND STAY APPLICATION FILED BY THE ASSESSEE IN LIMINE FOR NON - PROSECUTION, BY FOLLOWING THE ITA NO. 574 & SA 46 / COCH /201 8 . M/S. ACCURACH ACRYLICS (P) LTD . 2 JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF TUKOJI RAO HOLKAR V. CWT [(1997) 223 ITR 480 (MP)] AND THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL IN CIT V. MULTIPLAN INDIA P. LTD. [(1991) 38 ITD 320 ]. HOWEVER, IF THE ASSES SEE SO DESIRES, SHALL BE FREE TO MOVE AN APPLICATION TO THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER, AFTER EXPLAINING REASONABLE CAUSE FOR NON - APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARING. 3. IN THE RESULT, THE APPEAL AND STAY APPLICATION FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THIS 06 TH DAY OF MARCH, 2019 . SD/ - SD/ - ( CHANDRA POOJARI ) ( GEORGE GEORGE K. ) ACCOUNTANT MEMBER JUDICIAL MEMBER COCHIN ; DATED : 06 TH MARCH, 2019 . DEVDAS* COPY OF THE ORDER FORWARDED TO : BY ORDER, AR - ITAT - COCHIN 1. THE APPELLANT 2. THE RESPONDENT. 3. THE PR. CIT KOTTAYAM 4. THE CIT(A), KOTTAYAM. 5. THE DR, ITAT, COCHIN. 6 . GUARD FILE.