M/s Shiva Road Carriers, Kolkata V. ITO,Ward-56(1), Kolkata, Kolkata

ITA 919/KOL/2012

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 8056 (ITAT-KOLKATA)
• Duration Of Justice: 4 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-10-2012
• Appeal Filed By: Assessee
• Bench Allotted: A
• Assessment Year: 2006-2007
• Appeal Filed On: 12-06-2012
• Court: TRIBUNAL
• Department Lawyers: K N JANA

Judgement Text

, , , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : KOLKATA [ () )) ) , , , , . .. .!' !'!' !'. .. . , , , , #$ ] ]] ] [BEFORE SMT.DIVA SINGH, JM & SRI C. D. RAO, AM ] & / I.T.A NO. 919/KOL/2012 '( )*/ ASSESSMENT YEAR : 2006-07 M/S. SHIVA ROAD CARRIERS -VS.- I.T.O., WA RD-56(1), KOLKATA [PAN : AAMFS 1066 J] KOLKATA [ ,- /APPELLANT ] [ ./,-/ RESPONDENT ] ,- / FOR THE APPELLANT : NONE ./,- / FOR THE RESPONDENT : SHRI K.N.JANA 0'1 2 '$ /DATE OF HEARING : 30.10.2012. 3) 2 '$ /DATE OF PRONOUNCEMENT : 30.10.2012. #4 /ORDER , , , , PER DIVA SINGH, J.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER DATED 09.04.2012 OF CIT-(A)-XXXVI, KOLKATA PERTAINING TO ASSESSMENT YEA R 2006-07 IN CONFIRMING PENALTY IMPOSED BY AO U/S 271 FB OF THE ACT. 2. NONE WAS PRESENT AT THE TIME OF HEARING ON BEHAL F OF ASSESSEE. THE APPEAL WAS PASSED OVER, DESPITE THE SAME IN THE SECOND ROUND A LSO, NO ONE WAS PRESENT NOR ANY REQUEST FOR ADJOURNMENT HAS BEEN RECEIVED. A PERUSA L OF THE RECORD SHOWS THAT IN REGARD TO DATE OF HEARING FIXED FOR TODAY THE DATE HAS BEE N NOTED BY A.KADER ON 12 TH JUNE, 2012. AS PER RECORD. IN THE AFORE MENTIONED PECULIA R FACTS AND CIRCUMSTANCES, IT IS CONSIDERED THAT THE ASSESSEE IS NOT SERIOUS IN PROS ECUTION THE PRESENT APPEAL. 2 3. CONSIDERING THE FACTS AND KEEPING IN MIND THE DE CISION IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD., 38 ITD 320, WE DISMISS THE APPEAL AS ASSESSEE IS NOT INTERESTED IN ASSISTING THE TRIBUNAL FOR THE DISPOS AL OF THE APPEAL AS NO FACTS OR ARGUMENTS HAVE BEEN PLACED BEFORE US. THE APPEAL IS DISMISSED FOR NON-PROSECUTION. 4. HOWEVER, THE ASSESSEE SHALL BE AT LIBERTY TO APP ROACH THE TRIBUNAL FOR RECALLING THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NO N-APPEARANCE ON THE DATE OF HEARING. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED FOR NON-PROSECUTION. #4 $0# 5 0' 6 7 '$ ORDER PRONOU NCED IN THE OPEN COURT ON 30.10.2012. [ .!'., , , , #$ ] [ , ] [ C. D. RAO ] [ DIVA SINGH ] ACCOUNTANT MEMBER JUDICIAL MEMBER ('$) DATED : 30.10.2012. [RG '89 : /.PS] 3 #4 2 .; <#;)/ COPY OF THE ORDER FORWARDED TO: 1. M/S.SHIVA ROAD CARRIERS, C/O SALARIPURIA JAJODIA & CO.6-C.R.AVENUE, KOLKATA-700072. 2 I.T.O., WARD-56 (1), KOLKATA 3. CIT KOLKATA 4. CIT (A)-XXXVI, KOLKATA 5. CIT DR, KOLKATA BENCHES, KOLKATA [/; ./ TRUE COPY] #4'0/ BY ORDER, 9 /ASSTT REGISTRAR