Income Tax Appellate Tribunal - Kolkata
M/S J.M. Trexim Pvt. Ltd., Kolkata vs Acit, Circle - 2, Kolkata, Kolkata on 1 August, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH : KOLKATA
[Before Hon'ble Shri A.T.Varkey, JM & Sri M.Balaganesh, AM,]
I.T.(SS)A No. 45/Kol/2016
Assessment Year : Block Period Ending on 29.07.1998
M/s J.M. Trexim Pvt. Ltd. -vs.- ACIT, Circle-2, Kolkata
[PAN : AABHJ 5413 P]
(Appellant) (Respondent)
For the Appellant : None
For the Respondent : Shri Sallong Yaden, Addl. CIT Sr. DR
Date of Hearing : 12.07.2018
Date of Pronouncement : 01.08.2018
ORDER
Per M.Balaganesh, AM
1. This appeal of the assessee arises out of the order of the Learned Commissioner of Income Tax (Appeals)-1, Kolkata [in short the ld CITA] in Appeal No.283/CIT(A)- 1/C-2/2007-08 dated 07.04.2016 passed against the order passed by the ACIT,Circle-2, Kolkata [in short the ld. AO] under section 158BC(c )/254/143(3) of the Income Tax Act, 1961 (hereinafter referred to as the 'Act') dated 21.03.2006 for the Asst Year block period ending on 29.07.1998.
2. This appeal was fixed for hearing on 31.05.2018 on which date an adjournment was sought and the case was accordingly adjourned to 12.07.2018 and the notice was sent to the assessee through RPAD. When the case was called up for hearing, none appeared on behalf of the assessee and no adjournment petition was preferred by the assessee. It means that assessee is not interested to prosecute the appeal. Hence the 2 IT(SS)A No.45/Kol/2016 M/s J.M. Trexim Pvt. Ltd.
A.Yr. Block Period Ending on 29.07.1998 appeal filed by the assessee is liable to be dismissed for non prosecution. For this view we find support from the following decisions :-
"1. In the case of CIT vs B.N.Bhattacharjee and another, reported in 118 ITR 461 [relevant pages 477 & 478] wherein their Lordships have held that :
"The appeal does not mean merely filing of the appeal but effectively pursuing it."
2. In the case of Estate of late Tukojirao Holkar vs CWT; 223 ITR 480 (MP) while dismissing the reference made at the instance of the assessee in default made following observation in their order :
"If the party, at whose instance the reference is made, fails to appear at the hearing, or fails in taking steps for preparation of the paper books so as to enable hearing of the reference, the court is not bound to answer the reference."
3. In the case of Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del), the appeal filed by the revenue before the Tribunal, which was fixed for hearing. But on the date of hearing nobody represented the revenue/appellant nor any communication for adjournment was received. There was no communication or information as to why the revenue chose to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the revenue as un admitted in view of the provisions of Rule 19 of the Appellate Tribunal Rules, 1963.
3. The assessee, if so desires, shall be free to move this Tribunal praying for recalling this order by explaining with proper reasons for non-compliance, then this order may be recalled.
4. In the result, the appeal of the assessee is dismissed for non-prosecution.
Order pronounced in the Court on 01.08.2018
Sd/- Sd/-
[A.T.Varkey] [ M.Balaganesh]
Judicial Member Accountant Member
Dated : 01.08.2018
SB, Sr. PS
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IT(SS)A No.45/Kol/2016
M/s J.M. Trexim Pvt. Ltd.
A.Yr. Block Period Ending on 29.07.1998
Copy of the order forwarded to:
1.M/s J.M. Trexim Pvt. Ltd., 42, Ganesh Chandra Avenue, Kolkata-13.
2. ACIT, Circle-2, Kolkata, P-7, Chowringhee Square, 7th Floor, Kolkata-69.
3.CIT(A)- 4. CIT- Kolkata
5. CIT(DR), Kolkata Benches, Kolkata.
True copy By Order Senior Private Secretary Head of Office/ D.D.O., ITAT Kolkata Benches 3