Godavari foundation, Jalgaon V. ITO,Wd.2(2), Jalgaon

ITA 759/PUN/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62740 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-06-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 31-05-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANN KAPTHUAMA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA NO. 759/PN/2011 (ASSTT.YEAR : 2006-07) GODAVARI FOUNDATION M.J. COLLEGE ROAD, NEAR BHASKAR MARKET, JALGAON. .. APPELLANT PAN NO.AAATG 1840Q VS. ITO WARD 2(2), JALGAON .. RESPONDENT APPELLANT BY : NONE RESPONDENT BY : MS. ANN KAPTHUAMA DATE OF HEARING : 15-06-2012 DATE OF PRONOUNCEMENT : 15-06-2012 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 28-03- 2011 OF THE CIT II, NASHIK RELATING TO ASSESSMENT YEAR 2006-07. 2. DESPITE SERVICE OF NOTICE THROUGH RPAD (ACKNOWLE DGEMENT ON RECORD) NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE NA ME OF THE ASSESSEE WAS CALLED AT THE TIME OF HEARING. NO APPLICATION SEEKING ADJ OURNMENT OF THE CASE WAS FILED. THIS TYPE OF CONDUCT ON THE PART OF THE ASSESSEE SH OWS THAT IT IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY IT. THEREFORE, FOL LOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA PVT. LTD., REPORTED IN 38 ITD 320 AND THE DECISION OF HONBLE MADHYA PRADESH HIGH COURT IN TH E CASE OF TUKOJIRAO HOLKAR VS CWT REPORTED IN 213 ITR 480 WE DISMISS THE APPEA L AS UNADMITTED. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATION, CAN SAT ISFY THE BENCH FOR SUCH NON- APPEARANCE ON THE DATE OF HEARING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THE ORDER. 2 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E., ON 15 TH JUNE 2012. SD/- SD/- (SHAILENDER KUMAR YADAV) (R.K.PAN DA) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED THE 15 TH JUNE 2012 SATISH COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE 2. ITO WARD 2(2), JALGAON 3. THE CIT-II, NASHIK. 4. THE CIT CONCERNED 5. D.R. A BENCH, PUNE 6. GUARD FILE BY ORDER SENIO R PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE