M/s. Tirupati Builders & Developers, Jalna V. ITO,Wd.-1(4), Parbhani

ITA 818/PUN/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9754 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-08-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-10-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 13-06-2011
• 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 R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI G.S. PANNU, ACCOUNTANT MEMBER ITA NO. 818/PN/2011 (ASSTT.YEAR : 2004-05) TIRUPATI BUILDERS & DEVELOPERS, C/O. BASILAL KABRA ADVOCATE 20, IST FLOOR, AMBIKA MARKET, JALNA PAN NO. AALFM 8280B .. APPELLANT VS. ITO WARD 1(4), PARBHANI .. RESPONDENT APPELLANT BY : NONE RESPONDENT BY : MS. ANN KAPTHUAMA DATE OF HEARING : 01-08-2012 DATE OF PRONOUNCEMENT : 01-08-2012 ORDER PER G.S. PANNU, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 31-03- 2011 OF THE CIT(A), AURANGABAD RELATING TO ASSESSME NT YEAR 2004-05. 2. THIS CASE WAS LAST FIXED FOR HEARING ON 27-06-12 . AT THE REQUEST OF LEARNED COUNSEL FOR THE ASSESSEE, THE CASE WAS ADJOURNED TO 01-08-2012. HOWEVER, WHEN THE NAME OF THE ASSESSEE WAS CALLED ON 01-08-12, NO NE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY PETITION SEEKING ADJOURNMENT OF TH E CASE WAS FILED. THIS TYPE OF CONDUCT ON THE PART OF THE ASSESSEE SHOWS THAT HE I S NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY HIM. THEREFORE, FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTI PLAN INDIA PVT. LTD., REPORTED IN 38 ITD 320 AND THE DECISION OF HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF TU KOJIRAO HOLKAR VS CWT REPORTED IN 213 ITR 480 WE DISMISS THE APPEAL AS UN ADMITTED. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATION CAN SATISFY THE BENCH FOR NON-APPEARANCE ON THE DATE OF HEARING, THE TRIBUNAL MAY AT ITS DISCRE TION 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 01-08-12. SD/- SD/- (R.S. PADVEKAR) (G. S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED THE IST AUGUST 2012 SATISH COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE 2. DEPARTMENT 3. CIT, AURANGABAD 4. ACIT, RANGE-1, AURANGABAD 5. D.R. A BENCH, PUNE 6. GUARD FILE BY ORDER // TRUE COPY // SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE