Sugandh Suppliers Pvt. Ltd., Kolkata V. CIT-II, KOLKATA, Kolkata

ITA 968/KOL/2014

• Counselvise Citation: 96823514 RSA 2014
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-04-2015
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2010-2011
• Appeal Filed On: 15-05-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR
• Assessee Lawyers: N O N E

Judgement Text

I.T.A. NO . 968 / KOL ./20 1 4 ASSESSMENT YEAR: 20 10 - 20 11 PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL, KOLKATA A BENCH, KOLKATA BEFORE SHRI P.K. BANSAL , ACCOUNTANT MEMBER AND SHRI MAHAVIR SINGH , JUDICIAL MEMBER I.T.A. NO. 968 / KOL / 20 1 4 ASSESSMENT YEAR : 20 10 - 20 11 SUGANDH SUPPLIERS PVT. LIMITED,........... ....... ... .. .APP ELL ANT C/O. M. SETHIA & CO., CHARTERED ACCOUNTANTS, 3, BENTINCK STREET, 2 ND FLOOR, KOLKATA - 700 001 [PAN : AANCS 2333 N] - VS. - COMMISSIONER OF INCOME TAX,....... ...... ... . RESPONDENT KOLKATA - II, KOLKATA, P - 7, CHOWRINGHEE SQUARE, KOLKAT A - 700 069 APPEARANCES BY: N O N E, FOR THE ASSESSEE SHRI VIJAY KUMAR , CIT, D.R., FOR THE DEPARTMENT DATE OF CONCLUDING THE HEARING : APRIL 0 9 , 2 01 5 DATE OF PRONOUNCING THE ORDER : APRIL 09 , 201 5 O R D E R PER P.K. BANSAL : THIS A PPEAL HA S BEEN F ILED BY THE ASSESSEE AGAINST THE ORDER OF LD. COMMISSIONER OF INCOME TAX , KOLKATA - II , KOLKATA D ATED 10 . 0 3 .20 1 4 FOR THE ASSESSMENT YEAR 20 10 - 11 . 2. THIS CASE WAS FIXED FOR HEARING ON 09.04.2015 AND THE NOTICE WAS DULY SERVED TO THE ASSESSEE. A COPY OF THE ACKNOWLEDGMENT RECEIVED IS PLACED ON RECORD. HOWEVER, ON THE DATE FIXED FOR, I.E. 09.04.2015 NEITHER ANYBODY ON BEHALF OF THE ASSESSEE IS PRESENT NOR THERE IS ANY APPLICATION FOR ADJOURNMENT. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING TH IS APPEAL. I.T.A. NO . 968 / KOL ./20 1 4 ASSESSMENT YEAR: 20 10 - 20 11 PAGE 2 OF 2 3. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS, NON DORMIENTIBUS, JURA SUBVENIUNT . 4. CONSIDERING THE FACTS AND KEEPING IN MIND THE PRO VISIONS 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 HON BLE MADHYA PRADESH 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 DISMISSED. 5. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH APRIL , 201 5 . SD/ - SD/ - MAHAVIR SINGH P.K. BANSAL ( JUDICIAL MEMBER) ( ACCOUNTANT MEMBER) KOLKATA, THE 9 TH D AY OF APRIL , 201 5 COPIES TO : (1) SUGANDH SUPPLIERS PVT. LIMITED, C/O. M. SETHIA & CO., CHARTERED ACCOUNTANTS, 3, BENTINCK STREET, 2 ND FLOOR, KOLKATA - 700 001 (2) COMMISSIONER OF INCOME TAX, KOLKATA - II, KOLKATA, P - 7, CHOWRINGHEE SQUARE, KOLKATA - 700 069 (3) COMMISSIONER OF INCOME - TAX (APPEALS) (4) COMMISSIONER OF INCOME TAX ( 5 ) THE DEPARTMENTAL REPRESENTATIVE ( 6 ) GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL KOLKATA B ENCHES, KOLKATA LAHA/SR. P.S .