M/s Greenex Chemicals (P) Ltd, Siliguri V. A.C.I.T Cir - 1,Siliguri, Siliguri

ITA 596/KOL/2013

• Counselvise Citation: [2016] 121 COUNSELVISE.COM (IT) 3228 (ITAT-KOLKATA)
• Duration Of Justice: 2 year(s) 10 month(s) 22 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 20-03-2013
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

I.T.A. NO. 596/KOL./2013 ASSESSMENT YEAR: 2009-2010 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA B BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 596/KOL/ 2013 ASSESSMENT YEAR: 2009-2010 M/S. GREENEX CHEMICALS (P) LIMITED,................ .................APPELLANT SEVOKE ROAD, SILIGURI [PAN: AAACG 8396 G] -VS.- ASSISTANT COMMISSIONER OF INCOME TAX,.............. ..............RESPONDENT CIRCLE-1, SILIGURI APPEARANCES BY: N O N E, FOR THE ASSESSEE SHRI AMITAVA BHATTACHARYA, JCIT, SR. D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : FEBRUARY 11, 2016 DATE OF PRONOUNCING THE ORDER : FEBRUARY 11, 2016 O R D E R PER SHRI P.M. JAGTAP :- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS), SILIGURI DATE D 16.01.2013 FOR THE ASSESSMENT YEAR 2009-10. 2. IN THIS CASE, THE HEARING FIXED ON 09.12.2015 WA S ADJOURNED BY THE BENCH TO 05.01.2016 AT THE REQUEST MADE BY THE ASSE SSEE IN WRITING. THE BENCH, HOWEVER, DID NOT FUNCTION ON 05.01.2016 AND ACCORDINGLY THE HEARING WAS ADJOURNED TO 11.02.2016. AT THE TIME OF HEARING FIXED ON 11.02.2016, I.E. TODAY, NONE HAS APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN FILED DESPITE THE FACT THAT THE NOTICE OF THE SAID HEARING WAS GIVEN TO BOTH TH E SIDES THROUGH NOTICE I.T.A. NO. 596/KOL./2013 ASSESSMENT YEAR: 2009-2010 PAGE 2 OF 2 BOARD. IT APPEARS FROM THIS CONDUCT OF THE ASSESSEE THAT IT IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT T HOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WEL L KNOWN DICTUM - VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIENT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WAS CONSIDERED IN THE CASE OF CIT VS.- MULTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADE SH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS.- C.W.T . REPORTED IN 223 ITR 480, WE TREAT THIS APPEAL AS UNADMITTED AND DISMISS THE SAME FOR NON- PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE OPEN COURT ON FEBRUARY 11, 2016. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER KOLKATA, THE 11 TH DAY OF FEBRUARY, 2016 COPIES TO : (1) M/S. GREENEX CHEMICALS (P) LIMITED, C/O. S.L. AGARWAL, ADVOCATE, M.G. ROAD, SILIGURI-734 005 (2) ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-1, SILIGURI (3) COMMISSIONER OF INCOME-TAX (APPEALS), SILIGURI (4) COMMISSIONER OF INCOME TAX, KOLKATA (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.