M/s.A.M. Motors, Malappuram V. The ACIT, Tirur

ITSSA 1/COCH/2016

• Counselvise Citation: [2016] 122 COUNSELVISE.COM (IT) 2203 (ITAT-COCHIN)
• Duration Of Justice: 2 month(s) 25 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 20-07-2016
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 07-06-2017
• Assessment Year: misc
• Appeal Filed On: 25-04-2016
• Court: TRIBUNAL
• Department Lawyers: SHANTAM BOSE

Judgement Text

ITA NO. 01/COCH/2016 1 IN THE INCOME TAX APPELLATE TRIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI B P JAIN, AM & GEORGE GEORGE.K, JM ITA NO. 01/COCH/2016 (ASST YEAR 01/04/1996 TO 28/08/2002) M/S. A.M. MOTORS, VARANGODE, DOWNHILL, MALAPPURAM-676 504 . VS THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE-2(2), TIRUR. ( APPLICANT ) (RESPONDENT) PAN NO. AAHFA 8699Q ASSESSEE BY NONE REVENUE BY SHRI SHANTAM BOSE, CIT(DR) DATE OF HEARING 20 TH JULY 2016 DATE OF PRONOUNCEMENT 20 TH JULY 2016 ORDER PER GEORGE GEORGE K., JM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER DATED 17/02/2016 OF THE LD. CIT(A)-III, KOCHI FOR THE BLO CK PERIOD 01/04/1996 TO 28/08/2002. 2 AT THE TIME OF HEARING OF THIS APPEAL NONE APPEAR ED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE SENT THROUGH RPAD. THE NOTICE HAS BEEN SENT ON THE ADDRESS GIVEN ON FORM NO.36. THE ASSESSEE HAS NOT I NTIMATED CHANGE OF ADDRESS, IF ANY, TO THE TRIBUNAL. THERE IS NOT EVEN AN ADJOURNMENT PETITION RECEIVED FROM THE ASSESSEE. IN THE CIRCUMSTANCES, I T APPEARS THAT THE ASSESSEE IS ITA NO. 01/COCH/2016 2 NOT INTERESTED IN PURSUING THE APPEAL, AND NO USEFU L PURPOSE WOULD BE SERVED BY ADJOURNING THE HEARING. CONSIDERING THESE FACT S AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES, AS WERE CONSIDERED IN THE CASE OF MULTIPLAN INDIA, REPORTED IN 38 ITD 320 (DEL) AND I N VIEW OF THE DECISION OF THE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR, REPORTED IN 223 ITR 480, WE DISMISS THE APPEAL IN L IMINE. HOWEVER, IF THE ASSESSEE ON A LATER STAGE GIVES EXP LANATION IN REGARD TO ITS NON- APPEARANCE BEFORE THE TRIBUNAL ON THE DATE OF HEARI NG BEFORE THE TRIBUNAL BY FILING A MISCELLANEOUS APPLICATION AS PER THE ITAT RULES AND IF THE BENCH IS SO SATISFIED THE APPEAL OF THE ASSESSEE CAN BE RECALLE D FOR HEARING ON MERIT. 3 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING I.E 20 TH JULY 2016. SD/- SD /- ( B.P. JAIN) (GEORGE GEORGE K. ) ACCOUNTANTL MEMBER JUDICIAL MEMBER COCHIN: DATED: 20 TH JULY, 2016 GJ COPY TO: 1. M/S. A.M. MOTORS, VARANGODE, DOWNHILL, MALAPPURA M-676 504 . 2. THE ASSISTANT COMMISSIONER OF INCOME-TAX, CIRCLE -2(2), TIRUR. 3. THE COMMISSIONER OF INCOME-TAX(APPEALS)-III, KOC HI. 4. THE COMMISSIONER OF INCOME-TAX, CALICUT. 5. DR/ITAT, COCHIN 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR ITAT, COCHIN