Suresh Ramachandran, Coimbatore V. ACIT, Coimbatore

MA 331/CHNY/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 5385 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 03-03-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-03-2017
• Assessment Year: 2009-2010
• Appeal Filed On: 19-12-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SHIVA SRINIVAS

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL , A BENCH, CHENNAI . , . , # $ BEFORE SHRI A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER AND SHRI G. PAVAN KUMAR, JUDICIAL MEMBER MISCELLANEOUS PETITION NO.331/MDS/2016 IN I.T.A.NO.698/MDS/2014 ( / ASSESSMENT YEAR :2009-10) SHRI SURESH RAMACHANDRAN, 13/2, SHRI NIVAS, PONNUSAMY NAGAR, SEERANAICKENPALAYAM, COIMBATORE VS THE ASST. COMMISSIONER OF INCOME TAX, SALARY CIRCLE, COIMBATORE PAN: ACFPR3299D (PETITIONER) ( / RESPONDENT) APPLICANT BY : NONE /RESPONDENT BY : SHRI SHIVA SRINIVAS, JCIT /DATE OF HEARING : 03.03.2017 /DATE OF PRONOUNCEMENT : 03.03.2017 / O R D E R PER A. MOHAN ALANKAMONY, ACCOUNTANT MEMBER: THE MISCELLANEOUS PETITION IS FILED BY THE ASSESSEE PRAYING FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED IN ITA N O.698/MDS/2014 DATED 08.04.2015 FOR THE ASSESSMENT YEAR 2009-10. 2. IN THIS APPEAL, NOTICE OF HEARING WAS SENT TO TH E ASSESSEE BY REGISTERED POST WITH ACKNOWLEDGEMENT CARD INTIMATIN G THE ASSESSEE THAT THE APPEAL IS FIXED FOR HEARING ON 03.03.2017 BUT THE SAME WAS 2 MP NO.331/MDS/2016 RETURNED UN-SERVED . FURTHER, ON 03.03.2017, NONE APPEARED ON BEHALF O F THE ASSESSEE, NOR ANY REQUEST FOR ADJOURNMENT WAS R ECEIVED. MOREOVER ON THE EARLIER OCCASION ALSO THE ASSESSEE HAD SHOWN GROSS NEGLIGENCE BY NOT REPRESENTING HIS CASE BEFORE THE TRIBUNAL ON 11.02.2015. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL F ILED BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DEL HI BENCH IN THE CASE OF CIT V. MULTIPLAN INDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CAS E OF LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL IN LIMI NE. 4. IN THE RESULT, THE MISCELLANEOUS PETITION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 3 RD MARCH, 2017. SD/- SD/- ( . ) (G. PAVAN KUMAR) /JUDICIAL MEMBER ( . ) (A. MOHAN ALANKAMONY) /ACCOUNTANT MEMBER /CHENNAI, ! /DATED 3 RD MARCH, 2017 JR. $%&' ()& /COPY TO: 1. APPLICANT 2. RESPONDENT 3. * ( ('% )/CIT(A) 4. * /CIT 5. &,- . /DR 6. -/ % /GF.