M/s. Rajshikha Enterprises Pvt. Ltd., New Delhi V. ITO, New Delhi

ITA 6113/DEL/2014

• Counselvise Citation: [2016] 132 COUNSELVISE.COM (IT) 7534 (ITAT-DELHI)
• Duration Of Justice: 1 year(s) 7 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-06-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 14-06-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 10-11-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: V R SONBHADRA
• Section: 68

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SM C - 1 , NEW DELHI BEFORE SH. N. K. SAINI, A CCOUNTANT M EMBER ITA NO S . 6113/DEL/2014 : ASSTT. YEAR : 2005 - 06 M/S RAJSHIKHA ENTERPRISES PVT. LTD. J - 52, 2 ND FLOOR, SAKET, NEW DELHI - 110048 VS INCOME TAX OFFICER, WARD - 1 5 ( 2 ), NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A A CCR7633R ASSESSEE BY : NONE REVENUE BY : SH. V. R. SONBHADRA, SR. DR DATE OF HEARING : 13.06 .201 6 DATE OF PRONOUNCEMENT : 13 .06 .201 6 ORDER THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDER DATED 08.09.2014 OF LD. CIT(A) - XVIII , NEW DELHI . 2. THE ONLY GRIEVANCE OF THE ASSESSEE IN THIS APPEAL RELATES TO THE CONFIRMATION OF ADDITION OF RS.25,25,000/ - M ADE BY THE AO U/S 68 OF THE INCOME TAX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT). 3. DURING THE COURSE OF HEARING NOBODY WAS PRESENT ON BEHALF OF THE ASSESSEE NEITHER ANY ADJOURNMENT WAS SOUGHT. THE NOTICE SENT TO THE ASSESSEE AT THE ADDRESS MENTIONE D IN FORM NO. 36 AS WELL AS THE IMPUGNED ORDER WAS RETURNED BACK ITA NO . 6113 /DEL /201 4 RAJSHIKHA ENTERPRISES PVT. LTD. 2 BY THE POSTAL AUTHORITY WITH THE REMARKS LEFT . THE ASSESSEE HAD NOT GIVEN ANY ALTERNATE ADDRESS, IF ANY. IT, THEREFORE, APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE THE MATTER. 4 . THE LAW AIDS THOSE WHO ARE VIGILANT, NOT THOSE WHO SLEEP UPON THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN WELL KNOWN DICTUM, VIGILANTIBUS ET NON DORMIENTIBUS JURA SUB VENIUNT . CONSIDERING THE FACTS AND KEEPING IN VIEW THE PROVISIONS OF RULE 19(2) OF THE INCOME - TAX APPELLATE TRIBUNAL RULES AS WERE CONSIDERED IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., (38 ITD 320)(DEL), WE TREAT THIS APPEAL AS UNADMITTED. 5 . SIMILAR VIEW HAS BEEN TAKEN BY THE HON BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480) WHEREIN IT HAS BEEN HELD AS UNDER: IF THE PARTY, AT WHOSE INSTANCE THE REFERENCE IS MADE, FAILS TO APPEAR AT THE HEARING, OR FAILS IN TAKING STEPS FOR PREPARATION OF THE PAPER BOOKS SO AS TO ENABLE HEAR ING OF THE REFERENCE, THE COURT IS NOT BOUND TO ANSWER THE REFERENCE. 6 . SIMILARLY, HON BLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495) RETURNED THE REFERENCE UNANSWERED SINCE THE ASSESSEE REMAINED ABSENT A ND THERE WAS NOT ANY ASSISTANCE FROM THE ASSESSEE. ITA NO . 6113 /DEL /201 4 RAJSHIKHA ENTERPRISES PVT. LTD. 3 7 . THEIR LORDSHIPS OF HON BLE SUPREME COURT IN THE CASE OF CIT VS. B. BHATTACHARGEE & ANOTHER (118 ITR 461 AT PAGE 477 - 478) HELD THAT THE APPEAL DOES NOT MEAN, MERE FILING OF THE MEMO OF APPEAL BUT EFFEC TIVELY PURSUING THE SAME. 8 . SO , RESPECTFULLY BY FOLLOWING THE VIEW TAKEN IN THE CASES CITED SUPRA, I DISMISS THE APPEAL FOR NON - PROSECUTION. THE ASSESSEE IS AT LIBERTY TO REQUEST FOR SETTING ASIDE THIS ORDER BY MOVING AN APPLICATION AS PER THE PROVISO T O RULE 24 OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES, 1963 AND EXPLAINING THE REASONS FOR ITS NON - APPEARANCE. 9 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. (O RDER PRONOUNCED IN THE COURT ON 13 /06 /2016 ) SD/ - (N. K. SAINI) ACCOUNTANT MEMBER DAT ED: 13 /06 /2016 *SUBODH* COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT A SSISTANT REGISTRAR