Sumit Kumar Sanei, Kolkata V. THE ITO, WD-32(2), KOLKATA, Kolkata

MA 52/KOL/2016

• Counselvise Citation: [2017] 124 COUNSELVISE.COM (IT) 6012 (ITAT-KOLKATA)
• Duration Of Justice: 1 year(s) 7 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 08-12-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2009-2010
• Appeal Filed On: 29-04-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ARINDAM BHATTACH ARJEEADDL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : KOLKATA [BEFORE HONBLE SHRI N.V.VASUDEVAN, JM & SRI M.B ALAGANESH, AM ] M.A. NO. 52 OF 2016 (A/O I.T.A NO. 162/KOL /2013) SHRI SUMIT KUMAR SANEI -VS.- ITO, WARD-30 (3), KOLKATA [PAN : ARIPS 6163 R] (APPELLANT) (RESPONDENT) FOR THE APPELLANT : NONE (AR) FOR THE RESPONDENT :SHRI ARINDAM BHATTACHARJEE, A DDL. CIT SR. DR DATE OF HEARING : 08.12.2017 DATE OF PRONOUNCEMENT : 08.12.2017. ORDER PER M.BALAGANESH, AM 1. BY VIRTUE OF THIS MISCELLANEOUS APPLICATION TH E ASSESSEE SEEKS TO RECALL THE ORDER PASSED BY THIS TRIBUNAL IN I.T.A. NO. 162/KOL/2013 FOR ASSESSMENT YEAR 2009-10 DATED 29.02.2016. THIS MISCELLANEOUS APPLICATION WAS PREF ERRED BY THE ASSESSEE ON 29.04.2016. THEREAFTER, THE CASE WAS LISTED FOR HEA RING ON 15.07.2016 ON WHICH DATE IT WAS INFORMED THAT THE COUNSEL WAS OUT OF STATION AN D ACCORDINGLY, THE CASE WAS ADJOURNED TO 19.08.2016. ON 19.08.2016, NONE APPEAR ED ON BEHALF OF THE ASSESSEE AND LATER THIS CASE WAS ADJOURNED TO 04.11.2016, 09.12. 2016 AND SUBSEQUENTLY TO 03.02.2017. ON 03.02.2017 ADJOURNMENT WAS SOUGHT FR OM THE AUTHORIZED REPRESENTATIVE VIDE LETTER DATED 02.02.2017 AND ACC ORDINGLY, THE CASE WAS ADJOURNED TO 31.03.2017. ON 31.03.2017 NONE APPEARED ON BEHALF O F THE ASSESSEE. THEREAFTER THIS CASE WAS ADJOURNED TO 16.06.2017, 21.07.2017, 08.09 .2017 AND 08.12.2017 I.E. TODAY. ON ALL THESE OCCASIONS NONE APPEARED ON BEHALF OF T HE ASSESSEE. HENCE, WE ARE OF THE OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROS ECUTING THIS MISCELLANEOUS APPLICATION. 2 MA NO. 52/KOL/2016 (A/O I.T.A NO. 162/KOL/2013) SUMIT KUMAR SANEI A.YR.2009-10 2 ACCORDINGLY, WE DEEM IT FIT AND APPROPRIATE TO DISM ISS THE SAME BY RELYING ON THE DECISION OF MADHYA PRADESH HIGH COURT IN THE CASE O F ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480 (MP). 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION PRE FERRED BY THE ASSESSEE IS DISMISSED FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE COURT ON 08.12.2017 SD/- SD/- [N.V.VASUDEVAN] [ M.BALAGANESH] JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 08.12.2017 SB, SR. PS COPY OF THE ORDER FORWARDED TO: 1.SUMIT KUMAR SANEI, BLOCK-A, 1 ST FL. 113, PARK STREET, KOLKATA-16 2. ITO, WARD-32(2), KOLKATA, 10, MIDDLETON ROW, KOL KATA-71. 3.CIT(A)- 4. CIT- 5. CIT(DR), KOLKATA BENCHES, KOLKATA. TRUE COPY BY ORDER SENIOR PRIVA TE SECRETARY HEAD OF OFFICE/ D.D.O., ITAT KOLKATA BENCHE S