M/s. Yash Trading & Finance Limited, Maharashtra V. DCIT, Central Circle-1, Bhubaneswar

ITSSA 15/CTK/2017

• Counselvise Citation: [2017] 122 COUNSELVISE.COM (IT) 3405 (ITAT-CUTTACK)
• Duration Of Justice: 5 month(s) 24 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 30-08-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 06-03-2017
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KUNAL SINGH
• Section: 15

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER AND PAVAN KUMAR GADALE, JUDICIAL MEMBER IT (SS) A NO S . 15 TO 21/CTK/2017 ASSESSMENT YEAR S :2007 - 08 TO 2013 - 14 M/S. YASH TRADING & FINANCE LTD., 1207, P.J.TOWERS, DALAL STREET, FORT, MUMBAI - 400001 VS. DCIT, CENTRAL CIRCLE - 1, BHUBANESWAR PAN/GIR NO. AAACY 0116 G (APPELLANT ) .. ( RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : SHRI KUNAL SINGH, CIT DR DATE OF HEARING : 30 /08/ 2017 DATE OF PRONOUNCEMENT : 30 /08/ 2017 O R D E R PER N.S.SAINI, AM THESE ARE APPEAL S FILED BY THE ASSESSEE AGAINST THE SEPARATE ORDER S OF THE CIT(A) - 3, BHUBANESWAR ALL DATED 3.10.2016 FOR THE ASSESSMENT YEAR S 2007 - 08 TO 2013 - 14. 2. NOTICE POSTING THE APPEAL FOR HEARING ON 30 TH AUGUST, 2017 AND SENT TO THE ASSESSEE BY SPEED POST TO THE ADDRESS GIVEN IN FORM NO.36, HAS NOT EVOKED ANY RESPONSE FROM THE ASSESSEE. 3. ON PERUSAL OF RECORDS, IT IS FOUND THAT ALL THESE APPEALS FILED BY THE ASSESSEE ARE TIME BARRED BY 16 DAYS AND THE ASSESSEE HAS NOT FILED CONDONATION PETITION ALONGWITH AFFIDAVIT FOR CONDONING THE DELAY. HENCE, DEF ECT MEMOS WERE ISSUED TO THE ASSESSEE BY THE REGISTRY TO RECTIFY THE 2 IT(SS)A NOS. 15 TO 21/CTK/2017 ASSESSMENT YEARS :2007 - 08 TO 2013 - 14 SAME ON 20.3.20 17. FURTHER, IN THE NOTICE OF HEARING SENT ON 7.8.2017, IT WAS AGAIN POINTED OUT TO THE ASSESSEE TO REMOVE THE DEFECT BY FILING CONDONATION PETITION FOR DELAY IN FILING THE APPEALS. HOWEVER, THE ASSESSEE HAS NOT RECTIFIED THE DEFECTS AS POINTED OUT BY TH E REGISTRY TILL DATE. 4. THIS CONDUCT OF THE ASSESSEE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL S WHICH ARE HEREBY DISMISSED FOR WANT OF PROSEC UTION FOLLOWING THE ORDER OF THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 (DEL ). ORDER PRONOUNCED IN THE OPEN COURT ON 30 /08/2017. SD/ - SD/ - ( PAVAN KUMAR GADALE) ( N.S SAINI) JUDICIALMEMBER A CCOUNTANT MEMBER CUTTACK; DATED 30 /08/2017 B. K.PARIDA, SPS COPY OF THE ORDER FORWARDED TO : BY ORDER, SR.PRIVATE SECRETARY ITAT, CUTTACK 1. THE APPELLANT : M/S. YASH TRADING & FINANCE LTD., 1207, P.J.TOWERS, DALAL STREET, FORT, MUMBAI - 400001 2. THE RESPONDENT. DCIT, CENTRAL CIRCLE - 1, BHUBANESWAR 3. THE CIT(A) - 3, BHUBANESWAR 4. PR.CIT - 3, BHUBANESWAR 5. DR, ITAT, CUTTACK 6. GUARD FILE. //TRUE COPY//