Samit Sarkar, Howrah V. ACIT, CIR-26, KOLKATA, Kolkata

ITA 965/KOL/2016

• Counselvise Citation: [2016] 131 COUNSELVISE.COM (IT) 4253 (ITAT-KOLKATA)
• Duration Of Justice: 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2016
• Appeal Filed By: Assessee
• Bench Allotted: SMC
• Next Hearing Date: 29-11-2016
• Assessment Year: 2009-2010
• Appeal Filed On: 06-05-2016
• Court: TRIBUNAL
• Department Lawyers: AMITABHA BHATTACHARYA
• Assessee Lawyers: N O N E
• Section: 143(3)

Judgement Text

1 ITA NO.965/KOL/2016 SAMIT SARKAR., AY 2009-10 IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH: KOL KATA [BEFORE SHRI M. BALAGANESH, AM & SHRI S. S. VISWAN ETHRA RAVI, JM] I.T.A NO. 965/KOL/2016 ASSESSMENT YEAR: 2009-10 SAMIT SARKAR VS. ASSISTANT COMMISSIONER OF IN COME-TAX, (PAN: BIOPS5762C) CIRCLE-24, KOLKATA. ( APPELLANT ) ( RESPONDENT ) DATE OF HEARING: 29.11.2016 DATE OF PRONOUNCEMENT: 29.11.2016 FOR THE APPELLANT: N O N E FOR THE RESPONDENT: SHRI AMITABHA BHATTACHARYA , JCIT ORDER PER SHRI M. BALAGANESH, AM: THIS APPEAL BY ASSESSEE IS ARISING OUT OF ORDER OF CIT(A)-19, KOLKATA VIDE APPEAL NO. 03/CIT(A)-19/KOL/2014-15 DATED 09.02.2016. ASSE SSMENT WAS FRAMED BY ACIT, CIRCLE-24, KOLKATA U/S. 143(3) OF THE INCOME TAX AC T, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR AY 2009-10 VIDE HIS ORDER DATED 30.12.20 11. 2. NONE APPEARED FOR AND ON BEHALF OF ASSESSEE AT THE TIME OF HEARING OF THIS APPEAL. AT THE OUTSET, IT IS NOTICED THAT ON THE LAST DATE OF HEARING I.E. ON 28.09.2016 THE CASE WAS ADJOURNED TO 29.11.2016 AT THE REQUEST OF THE LD. A R OF THE ASSESSEE WHICH REQUEST LETTER DATED 28.09.2016 HAS BEEN PLACED ON RECORD. TODAY, I.E. ON 29.11.2016 ALSO NONE APPEARED ON BEHALF OF THE ASSESSEE. IT SEEMS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL AS NONE IS PRESENT BEFORE US AT THE TIME OF HEARING OR NO COMMUNICATION HAS BEEN MADE BY THE ASSESSEE IN RESPECT OF HIS CHANGE OF ADDRESS. HENCE, THE APPEAL OF ASSESSEE IS DISMISSED FOR NON-PROSECUTION APPLYING THE DECISION OF HONBL E DELHI TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD., 38 ITD 320. 3. IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT. SD/- SD/- (S. S. VISWANETHRA RAVI) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED : 29 TH NOVEMBER, 2016 JD.(SR.P.S.) 2 ITA NO.965/KOL/2016 SAMIT SARKAR., AY 2009-10 COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT SHRI SAMIT SARKAR, 10/01, RAJU KAPALIC LANE, SANDHYA BAZAR, HOWRAH-711 101. 2 RESPONDENT ACIT, CIRCLE-24, KOLKATA. 3 . THE CIT(A), KOLKATA 4. 5. CIT , KOLKATA DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASSTT. REGISTRAR .