M/s Palakkaran Bankers & Chit Funds, Kottayam V. ACIT, Kottayam

ITSSA 167/COCH/2005

• Counselvise Citation: [2010] 124 COUNSELVISE.COM (IT) 9177 (ITAT-COCHIN)
• Duration Of Justice: 4 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax (Search & Seizure) Appeal
• Pronouncement Date: 14-07-2010
• Appeal Filed By: Assessee
• Bench Allotted: DB
• Next Hearing Date: 07-07-2010
• Assessment Year: misc
• Appeal Filed On: 07-10-2005
• Court: TRIBUNAL
• Department Lawyers: A K THATAI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE T RIBUNAL COCHIN BENCH, COCHIN BEFORE S/SHRI N.VIJAYAKUMARAN, JM AND SANJAY AROR A, AM I.T(SS)A. NO. 167/COCH/ 2005 BLOCK PERIOD ENDING 28.6.2001 M/S. PALAKKARAN BANKERS & CHIT FUNDS, KOLLAPPALLY, KOTTAYAM. [PAN: AAGFP 0767R] VS. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE, KOTTAYAM (ASSESSEE-APPELLANT) (REVENUE- RESPONDENT) ASSESSEE BY NONE REVENUE BY SHRI A.K.THATAI, CIT-DR O R D E R PER SANJAY ARORA, AM: THIS APPEAL BY THE ASSESSEE IS ARISING OUT OF THE ORDER BY THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, KOCHI (CIT(A) FOR SHORT) DATED 2.8.2005 FOR THE BLOCK PERIOD ENDING ON 28.6.2001, PARTLY ALLOWING THE ASSESSEES APPEAL PREFERRED BEFORE THE FIRST APPELLATE AUTHORITY AGAINST THE ASSESSMENT FRAMED I N ITS CASE VIDE ASSESSMENT ORDER U/S. 158BC R.W.S 143(3) OF THE INCOME-TAX ACT, 1961 (TH E ACT HEREINAFTER) DATED 27.6.2003. 2. NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE WHEN ITS CASE WAS CALLED OUT FOR HEARING ON 7.7.2010, NOR ANY ADJOURNMENT APPLICATIO N STANDS RECEIVED. THE APPEAL, IN THE INSTANT CASE, STANDS FILED WITH THE TRIBUNAL ON 7.1 0.2005. FROM THE ORDER SHEET ENTRIES IT TRANSPIRES THAT THE CASE HAS BEEN REGULARLY POSTED FOR HEARING SINCE 16.7.2009, WITH THE LAST ONE BEING ON 7.7.2010 VIDE ORDER-SHEET ENTRY D ATED 2.3.2010, ACCEPTING THE REQUEST OF THE LD. AR, SHRI R. KRISHNA IYER, FCA, VIDE HIS LET TER OF EVEN DATE. PREFERRING AN APPEAL DOES NOT ONLY MEAN FILING OF AN APPEAL FORM, BUT AL SO PURSUING IT EFFECTIVELY. IT IS THUS APPARENT THAT THE ASSESSEE IS NOT SERIOUSLY INTERES TED IN PROSECUTING ITS APPEAL. THE APPEAL IS ALSO AN OLD ONE, CLOGGING THE RECORDS OF THE TRI BUNAL, SO THAT THE ASSESSEE- APPELLANTS CONDUCT, THEREFORE, MERITS DISCOUNTENANCE BY THE CO URT ALL THE MORE. THE ASSESSEES APPEAL IS, THEREFORE, DISMISSED IN LIMINE FOR WANT OF PROSECUTION. RELIANCE STANDS PLACED F OR THE SAME ON THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA LIMITED VS. CIT , 38 IT(SS)A. NO.167/COCH./2005 2 ITD 320 (DEL.) AND JUDGMENT BY THE HONBLE HIGH COU RT OF MADHYA PRADESH IN THE CASE OF LATE TUKOJIRAO HOLKAR (223 ITR 480) (M.P.). 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D FOR WANT OF PROSECUTION. SD/- SD/- (N.VIJAYAKUMARAN) (SANJA Y ARORA) JUDICIAL MEMBER ACCOUNTANT MEMBER PLACE: ERNAKULAM DATED: 14TH JULY, 2010 GJ COPY TO: 1. M/S. PALAKKARAN BANKERS & CHIT FUNDS, KOLLAPPALL Y, KOTTAYAM. 2. THE ASSISTANT COMMISSIONER OF INCOME TAX, CENTRA L CIRCLE, KOTTAYAM. 3. THE COMMISSIONER OF INCOME-TAX (APPEALS)-I, CENT RAL, KOCHI. 4. THE COMMISSIONER OF INCOME-TAX, KOCHI. 5. D.R./I.T.A.T., COCHIN BENCH, COCHIN. 6. GUARD FILE. BY ORDER (ASS ISTANT REGISTRAR) IT(SS)A. NO.167/COCH./2005 3 IT(SS)A. NO.167/COCH./2005 4 IT(SS)A. NO.167/COCH./2005 5