M/s. MPS Greenery Developers Ltd., Kolkata V. JCIT, Range - 2, Midnapore, Midnapore

ITA 643/KOL/2010

• Counselvise Citation: [2017] 128 COUNSELVISE.COM (IT) 9389 (ITAT-KOLKATA)
• Duration Of Justice: 6 year(s) 10 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 08-02-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 06-02-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 01-04-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: T VARKE JUDICIAL MEMBER

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL KOLKATA BENCH B KOLKATA BEFORE SHRI ABY.T VARKE, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER ITA NO. 643 / KOL / 2010 ASSESSMENT YEAR :2005-06 M/S MPS GREENERY DEVELOPERS LTD., C/O SALARPURIA JAJODIA & CO., 7, C.R AVENUE, KOLKATA- 700 072 [ PAN NO. AAGFM 3153 N ] V/S . JCIT, RANGE-2, MIDNAPORE, WEST BENGAL /APPELLANT .. / RESPONDENT /BY APPELLANT NONE /BY RESPONDENT SHRI JOHN VINCENT DONKUPAR LANGSTICH, CIT-DR /DATE OF HEARING 08-02-2017 /DATE OF PRONOUNCEMENT 08-02-2017 / O R D E R PER WASEEM AHMED, ACCOUNTANT MEMBER:- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-XIX, KOLKATA D ATED 12.03/15.03.2010 PERTAINING TO ASSESSMENT YEAR 2005-06. 2. THE APPEAL WAS FIXED FOR HEARING ON 06.02.2017 BUT NOBODY APPEARED ON BEHALF OF THE ASSESSEE AGAIN THE CASE WAS ADJOUR NED AND FIXED FOR HEARING TODAY I.E. ON 08.02.2017 AND NOBODY ATTENDED ON BEH ALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION HAS BEEN RECEIVED. IT S EEMS THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE ITS MATTERS. ITA NO.643/KOL/2010 A.Y. 2005-06 M/S MPS GREENERY DEVELOPERS LTD. VS. JCIT, RNG -2 MID. PAGE 2 3. CONSIDERING THE FACTS AND 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 , WE TREAT THE APPEAL AS UN-ADMITTED . WE FURTHER ADD THAT IN CASE THE ASSESSEE IS SERIOUS IN PURSUING THE APPEAL FILED, SO ASSESSE E WOULD BE AT LIBERTY TO PRAY FOR A RECALL OF THIS ORDER BY MOVING AN APPROPRIATE PETITION, AS PER LAW 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT 08/ 02/2017 SD/- SD/- (ABY. T. VARKE) (WASEEM AHMED) (JUDICIAL MEMBER) (ACCOUNTANT MEMBER) KOLKATA, *DKP !- 08/02 /201 7 / COPY OF ORDER FORWARDED TO:- 1. /APPELLANT-M/S MPS GREENERY DEVELOPERS LTD., C/O SA LAARPURIA JAJODIA & CO. 7, C.R. AVENUE, KOLKTA-72 2. /RESPONDENT-JCIT, RANGE-2, MIDNAPORE, WEST BENGAL 3. ) *+, , - / CONCERNED CIT KOLKATA 4. , , -- / CIT (A) KOLKATA 5.01233*+, , *+ , / DR, ITAT, KOLKATA 6.26789 / GUARD FILE. BY ORDER/ ,, /TRUE COPY/ / , *+ ,