Ghodawat Industries (I) P.Ltd., Kolhapur V. Jt. Comm. of Income-tax,

MA 1/PUN/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0685 (ITAT-PUNE)
• Duration Of Justice: 1 year(s) 5 month(s) 2 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 07-06-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-08-2012
• Assessment Year: 2002-2003
• Appeal Filed On: 05-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SINGH; K K OJHA

Judgement Text

1 IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A, PUNE BEFORE SHRI R.S. PADVEKAR JUDICIAL MEMBER AND SHRI R.K. PANDA ACCOUNTANT MEMBER MA NO. 01 /PN/2012 ARISING OUT OF ITA NO. 645/PN/2006 (ASST.YEAR : 2002-03) GHODAWAT INDUSTRIES (I) PVT. LTD., PLOT NO.438, A/P, CHIPRI, TAL : SHIROL, KOLHAPUR. PAN NO.AAACG 6910C .. APPLICANT VS. JCIT, KOLHAPUR .. RESPONDENT APPLICANT BY : NONE RESPONDENT BY : SHRI S.K. SINGH & SHRI K.K.OJHA DATE OF HEARING : 07-06-2013 DATE OF PRONOUNCEMENT : 07-06-2013 ORDER PER R.K.PANDA, AM : THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATION REQUESTS THE TRIBUNAL TO RECTIFY CERTAIN MISTAKES WHICH HAS CREP T IN THE ORDER OF THE TRIBUNAL. 2. THIS MISCELLANEOUS APPLICATION WAS FIXED FOR HEA RING A NUMBER OF TIMES AND WAS GETTING ADJOURNED FROM TIME TO TIME AT THE REQUEST OF THE ASSESSEE. IT WAS LAST FIXED FOR HEARING ON 03-05-2013 AND IT WAS ADJOURNED TO 07-06-2013. HOWEVER, TODAY WHEN THE NAME OF THE ASSESSEE WAS CA LLED, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY PETITION SEEKING ADJ OURNMENT OF THE CASE WAS FILED. WE THEREFORE PRESUME THAT THE ASSESSEE IS N OT INTERESTED IN PROSECUTING THE MISCELLANEOUS APPLICATION FILED BY HIM. THEREF ORE, FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTI PLAN INDIA PVT. LTD., REPORTED IN 38 ITD 320 AND THE DECISION OF HONBLE MADHYA PRADE SH HIGH COURT IN THE 2 CASE OF TUKOJIRAO HOLKAR VS CWT REPORTED IN 213 ITR 480 WE DISMISS THE APPEAL AS UNADMITTED. HOWEVER, IF THE ASSESSEE THR OUGH PROPER APPLICATION CAN SATISFY THE BENCH FOR NON-APPEARANCE ON THE DAT E OF HEARING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THE ORDER. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF, I.E., ON 7 TH DAY OF JUNE, 2013 SD/- SD/- (R.S.PADVEKAR) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTA NT MEMBER SATISH PUNE DATED: 7 TH DAY OF JUNE 2013 COPY OF THE ORDER FORWARDED TO : 1. ASSESSEE 2. DEPARTMENT 3. CIT(A), KOLHAPUR 4. CIT, KOLHAPUR 5. THE D.R, A PUNE BENCH 6. GUARD FILE BY ORDER // TRUE COPY // PRIVATE SECRETARY ITAT, PUNE BENCH, PUNE