V.Thialakar, CHENNAI V. DIT, CHENNAI

MA 53/CHNY/2016

• Counselvise Citation: [2016] 124 COUNSELVISE.COM (IT) 4430 (ITAT-CHENNAI)
• Duration Of Justice: 3 month(s) 27 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 13-07-2016
• Appeal Filed By: Assessee
• Bench Allotted: D
• Assessment Year: 2007-2008
• Appeal Filed On: 17-03-2016
• Court: TRIBUNAL
• Department Lawyers: SULOCHANA
• Keywords: Condonation of delay

Judgement Text

, , IN THE INCOME - TAX APPELLATE TRIBUNAL D BENCH, CHENNAI , . , BEFORE SHRI CHANDRA POOJARI , ACCOUNTANT MEMBER & SHRI DUVVURU RL REDDY , JUDICIAL MEMBER M.A. NO. 5 3 /MDS/2016 [IN I.T.A.NO. 1 192 /MDS/201 1 ] ASSESSMENT YEAR :200 7 - 0 8 SHRI V. THILAKAR, 327/2, THIRUVOTTIYUR HIGH ROAD, THIRUVOTTIYUR, CHENNAI 600 019. [PAN: ACNPT5229M ] VS. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE XII, CHENNAI 6 00 006. ( / APPELLANT ) ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : S MT. SULOCHANA, J CIT / DATE OF HEARING : 1 0 . 0 6 .201 6 / DATE OF P RONOUNCEMENT : 13 . 0 7 .201 6 / O R D E R PER DUVVURU RL REDDY , JUDICIAL MEMBER : BY MEANS OF THIS MISCELLANEOUS PETITION, THE ASSESSEE SEEK S TO GET RECALLED THE ORDER PASSED BY THE TRIBUNAL IN I .T.A. NO. 1 1 9 2 /MDS/201 1 DATED 2 2 . 0 3 .201 2 RELEVANT TO THE ASSESSMENT YEA R 200 7 - 0 8 . 2. VIDE M.P. NO. 237/MDS/2011 DATED 06.01.2012, THE ORDER OF THE TRIBUNAL DATED 14.09.2011 WAS RECALLED AND POSTED FOR HEARING ON 22.03.2012. SINCE THERE WAS ANY REPRESENTATION FROM ASSESSEE S SIDE OR M.A. NO . 53 /M/ 16 2 FILED ANY ADJOURNMENT LETTER OR THE ASSES SEE RECTIFIED THE DEFECT OF NON - FILING OF PETITION FOR CONDONATION OF DELAY OF 45 DAYS IN FILING THE APPEAL BEFORE THE TRIBUNAL AS NOTIFIED BY THE REGISTRY IN THE NOTICE OF HEARING, THE TRIBUNAL DISMISSED THE APPEAL FILED BY THE ASSESSEE VIDE ITS ORDER DAT ED 22.03.2012. 3. AGAIN THROUGH THIS PETITION, THE ASSESSEE SEEKS TO GET RECALLED THE ORDER PASSED BY THE TRIBUNAL DATED 22.03.2012. WHEN THE PETITION WAS TAKEN UP FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE OR THE ASSESSEE FILED ANY ADJOURNMENT APPLICATION. ON PERUSAL OF THE ASSESSMENT ORDER AND FIRST APPELLATE ORDER, WE FIND THAT THERE WAS NO REPRESENTATION FROM ASSESSEE S SIDE. THEREFORE, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE PETITION OR APPEAL FILED BY THE ASSESSEE . THUS, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED FOR WANT OF PROSECUTION. 4. IN THE RESULT, THE MISCELLANEOUS PETITION OF THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED ON THE 13 TH JULY , 201 6 AT CHENNAI. SD/ - SD/ - ( CHANDRA POOJARI ) ACCOUNTANT MEMBER ( DUVVURU RL REDDY ) JUDICIAL MEMBER CHENNAI, DATED, THE 13 . 0 7 .201 6 VM/ - / COPY TO: 1. / APPELLANT , 2. / RESPONDENT , 3. ( ) / CIT(A) , 4. / CIT , 5. / DR & 6. / GF.