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

ITA 583/COCH/2014

• Counselvise Citation: [2015] 140 COUNSELVISE.COM (IT) 96743 (ITAT-COCHIN)
• Duration Of Justice: 9 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-10-2015
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 05-10-2015
• Assessment Year: 2011-2012
• Appeal Filed On: 24-12-2014
• 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. NOS. 582 & 583 /COCH/2014 ASSESSMENT YEARS : 2009-10 AND 2011-12 M/S. KALLANODE SERVICE CO-OP BANK LTD., KALLANODE POST, KOYILANDY TALUK, KOZHIKODE-673 615. PAN:AAAAK 5847J] VS. THE INCOME TAX OFFICER, WARD- 2(1), CALICUT. (ASSESSEE -APPELLANT) (REVENUE-RESPONDENT) ASSESSEE BY NONE REVENUE BY SHRI K.P. GOPAKUMAR, SR.DR DATE OF HEARING 05/10/2015 DATE OF PRONOUNCEMENT 05/10/2015 O R D E R PER B.P.JAIN, ACCOUNTANT MEMBER: THESE TWO APPEALS OF THE ASSESSEE ARISE FROM THE C OMMON ORDER OF THE CIT(A), KOZHIKODE DATED 11.09.2014 FOR THE ASSE SSMENT YEARS 2009- 2010 AND 2011-12. 2. AT THE TIME OF HEARING OF THESE TWO APPEALS, NON E APPEARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE OF HEARING WAS SENT THROUGH RPAD. THE NOTICE WAS SENT ON THE ADDRESS GIVEN IN FORM NO.36. THE AS SESSEE HAS NOT INTIMATED CHANGE OF ADDRESS, IF ANY, TO THE TRIBUNAL. THERE I S NOT EVEN AN ADJOURNMENT I.T.A. NOS. 582&583/COCH/2014 2 PETITION RECEIVED FROM THE ASSESSEE. IN THE CIRCUMS TANCES, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEALS, AND NO USEFUL PURPOSE WOULD BE SERVED BY ADJOURNING THE HEARING OF THE APPEALS. 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 BOTH THE APPEALS IN LIMINE. HOWEVER, IF THE ASSE SSEE ON A LATER STAGE GIVES EXPLANATION WITH REGARD TO ITS NON-APPEARANCE BEFOR E THE TRIBUNAL ON THE DATE OF HEARING BEFORE THE TRIBUNAL BY FILING A MISCELLANEO US APPLICATION AS PER THE ITAT RULES AND IF THE BENCH IS SO SATISFIED THE APPEALS OF THE ASSESSEE CAN BE RECALLED FOR HEARING ON MERIT. 3. IN THE RESULT, BOTH THE APPEALS FILED BY THE ASS ESSEE ARE DISMISSED. PRONOUNCED IN THE OPEN COURT ON 05-10-2015. SD/- SD/- (GEORGE GEORGE K.) (B.P. JAIN) JUDICIAL MEMBER ACC OUNTANT MEMBER PLACE: KOCHI DATED: 05 TH OCTOBER, 2015 GJ COPY TO: 1. M/S. KALLANODE SERVICE CO-OP BANK LTD., KALLANOD E POST, KOYILANDY TALUK, KOZHIKODE-673 615. 2. THE INCOME TAX OFFICER, WARD-2(1), CALICUT. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS), KOZHIKO DE. 4. THE COMMISSIONER OF INCOME-TAX, KOZHIKODE. I.T.A. NOS. 582&583/COCH/2014 3 5. D.R., I.T.A.T.,COCHIN. 6. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR) I.T.A.T., COC HIN