Shree Saraswati Vidhya Prasarak Mandal, Bhusawal V. Addl. CIT, Range-2, Jalgaon

ITA 958/PUN/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 67131 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 2 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-07-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2007-2008
• Appeal Filed On: 14-05-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M N VERMA

Judgement Text

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. 958/PN/2012 (ASSTT.YEAR : 2007-08) SARASWATI VIDHYA PRASARAK MANDAL, SHANTI NAGAR, BHUSAWAL-425201 DIST : JALGAON 425 201 PAN NO. AABTS 2359H. .. APPELLANT VS. ADDL. COMMISSIONER OF INCOME-TAX, RANGE-2, JILHA PETH, OLD B.J. MARKET, JALGAON .. RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SMT. M.N. VERMA DATE OF HEARING : 25-07-2013 DATE OF PRONOUNCEMENT : 25-07-2013 ORDER PER R.K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 14- 03-2012 OF THE CIT(A) II, NASHIK RELATING TO ASSES SMENT YEAR 2007-08. 2. DESPITE SERVICE OF NOTICE NONE APPEARED ON BEHAL F OF THE ASSESSEE WHEN THE NAME OF THE ASSESSEE WAS CALLED. NO PETITION SE EKING ADJOURNMENT OF THE CASE WAS ALSO FILED. THIS TYPE OF CONDUCT ON THE P ART OF THE ASSESSEE SHOWS THAT IT IS NOT INTERESTED IN PROSECUTING THE APPEAL FILE D BY IT. 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 PR ADESH HIGH COURT IN THE CASE OF TUKOJIRAO HOLKAR VS CWT REPORTED IN 213 ITR 480 WE DISMISS THE APPEAL AS UNADMITTED. HOWEVER, IF THE ASSESSEE THR OUGH PROPER APPLICATION CAN SATISFY THE BENCH FOR NON-APPEARANCE ON THE DATE OF HEARING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THE ORDER. 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 25 TH DAY OF JULY 2013. SD/- SD/- (SHAILENDRA KUMAR YADAV) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED : 25 TH JULY 2013 SATISH COPY OF THE ORDER IS FORWARDED TO : 1. THE ASSESSEE 2. THE DEPARTMENT 3. THE CIT(A)-II, NASHIK 4. THE CIT-II, NASHIK 5. D.R. A BENCH, PUNE 6. GUARD FILE BY ORDER // TRUE COPY// SENIOR PRIVATE SECRETARY, INCOME TAX APPELLATE TRIBUNAL, PUNE