Concast Global Limited , Kolkata V. ADDL/JOINT CIT, RANGE-3, KOLKATA, Kolkata

ITA 915/KOL/2017

• Counselvise Citation: [2018] 119 COUNSELVISE.COM (IT) 0972 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 6 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-11-2018
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2012-2013
• Appeal Filed On: 02-05-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: IS DIRECTED AGAIN ST

Judgement Text

ITA NO. 915/KOL/2017 A.Y. 2012-2013 M/S. CONCAST GLOBAL LIMITED 1 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ) AND SHRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 915/KOL/2017 ASSESSMENT YEAR: 2012-2013 M/S. CONCAST GLOBAL LIMITED,....................... ..............................APPELLANT 21, HEMANT BASU SARANI, KOLKATA-700 001 [PAN: AACCA 8500 G] -VS.- ADDITIONAL/JOINT COMMISSIONER OF INCOME TAX,....... ...............RESPONDENT RANGE-3, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 APPEARANCES BY: NONE, FOR THE APPELLANT SHRI ANAND KUMAR KEDIA, CIT, D.R., FOR THE RESPONDENT DATE OF CONCLUDING THE HEARING : NOVEMBER 28, 2018 DATE OF PRONOUNCING THE ORDER : NOVEMBER 28, 2018 O R D E R PER SHRI P.M. JAGTAP, VICE-PRESIDENT (KZ):- THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF LD. COMMISSIONER OF INCOME TAX (APPEALS)-12, KOLKATA DA TED 28.02.2017. 2. IN THIS CASE, THE APPEAL OF THE ASSESSEE WAS FIX ED FOR HEARING INITIALLY ON 08.08.2018. THE BENCH, HOWEVER, DID NO T FUNCTION ON 08.08.2018 AND ACCORDINGLY THE HEARING WAS ADJOURNE D TO 24.09.2018. ON 24.09.2018, NONE, HOWEVER, APPEARED ON BEHALF OF TH E ASSESSEE DESPITE THE FACT THAT THE NOTICE OF THE SAID HEARING WAS GI VEN TO THE ASSESSEE THROUGH NOTICE BOARD. IN ORDER TO GIVE ONE MORE OPP ORTUNITY TO THE ASSESSEE, THE HEARING WAS ADJOURNED TO 28.11.2018 W ITH A DIRECTION TO THE ITA NO. 915/KOL/2017 A.Y. 2012-2013 M/S. CONCAST GLOBAL LIMITED 2 REGISTRY TO SEND THE NOTICE OF THE SAID HEARING TO THE ASSESSEE BY REGISTERED POST WITH A/D AT THE ADDRESS GIVEN IN TH E APPEAL MEMO. ON 28.11.2018, I.E. TODAY, NONE, HOWEVER, HAS APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT HA S BEEN FILED DESPITE THE FACT THAT THE NOTICE OF THE SAID HEARING SENT T O THE ASSESSEE BY REGISTERED POST WITH A/D WAS DULY SERVED WELL IN TI ME. IT APPEARS FROM THIS CONDUCT OF THE ASSESSEE THAT IT IS NOT SERIOUS LY 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 NOVEMBER 28, 2018. SD/- SD/- (S.S. VISWANETHRA RAVI) (P.M. JAGTAP) JUDICIAL MEMBER VICE -PRESIDENT (KZ) KOLKATA, THE 28 TH DAY OF NOVEMBER, 2018 COPIES TO : (1) M/S. CONCAST GLOBAL LIMITED, 21, HEMANT BASU SARANI, KOLKATA-700 001 (2) ADDITIONAL/JOINT COMMISSIONER OF INCOME TAX, RANGE-3, KOLKATA, AAYAKAR BHAWAN, P-7, CHOWRINGHEE SQUARE, KOLKATA-700 069 (3) COMMISSIONER OF INCOME TAX (APPEALS)-12, KOLK ATA, ITA NO. 915/KOL/2017 A.Y. 2012-2013 M/S. CONCAST GLOBAL LIMITED 3 (4) COMMISSIONER OF INCOME TAX- , (5) THE DEPARTMENTAL REPRESENTATIVE (6) GUARD FILE BY ORDER ASSISTANT REGISTRAR, INCOME TAX APPELLATE TRIBUNAL, KOLKATA BENCHES, KOLKATA LAHA/SR. P.S.