Income Tax Appellate Tribunal - Kolkata
C. G. Securities Pvt. Ltd., Kolkata vs Ito, Tech-2, Kolkata, Kolkata on 6 December, 2018
IN THE INCOME TAX APPELLATE TRIBUNAL
KOLKATA BENCH (A), KOLKATA
[Before Shri P.M. Jagtap, Vice President & Shri A.T. Varkey, Judicial Member]
I.T.A. No. 1167/Kol/2017
Assessment Year: 2012-13
C.G. Securities Pvt. Ltd................................................................................................Appellant
2, Lal Bazar Street, 1st Floor,
Kolkata - 700 001.
[PAN: AABCC 0181 E]
ITO, Tech 2, Kolkata...........................................................................................Respondent
ITO Ward 6(1),
Aayakar Bhawan, 6th Floor,
P-7, Chowringhee Square,
Kolkata - 700 069.
Appearances by:
None appearing on behalf of the assessee.
Shri Sanjay Rai, CIT(DR) appearing on behalf of the Revenue.
Date of concluding the hearing : December 06, 2018
Date of pronouncing the order : December 06, 2018
ORDER
Per P.M. Jagtap, Vice-President This appeal filed by the assessee is directed against the order of Ld. CIT(A) - 23, Kolkata dated 24.04.2017.
2. In this case, the hearing was initially fixed on 28.08.2018, the bench did not function and the hearing was adjourned to 10.10.2018, notice of which was given to the assessee through notice board. On 10.10.2018, none however appeared on behalf of the assessee. In order to give one more to the assessee, the hearing was adjourned to 06.10.2018 with the direction to the registry to send the notice of the said hearing to the assessee at the address given in the appeal memo by RPAD. On 06.12.2018 that is today, none however has appeared on 2 I.T.A. No. 1167/Kol/2017 Assessment Year: 2012-13 C.G. Securities Pvt. Ltd.
behalf of the assessee nor any application seeking adjournment has been filed. The fact that the notice of the said hearing is duly served on the assessee of which it appears from this conduct of the assessee company that it is not seriously interested in prosecuting this appeal filed before the Tribunal.
3. The law assists those who are vigilant and not those who sleep over their rights. This principle is embodied in the well known dictum
- "vigilantibus, non dormientibus, jura subvenient". Considering the facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules as was considered in the case of CIT vs Multiplan India Pvt. Ltd. 38 ITD 320 (Del) and the judgment of the Hon'ble Madhya Pradesh High Court in the case of Estate of Late Tukojirao Halkar vs C.W.T. reported in 223 ITR 480, we treat this appeal as unadmitted and dismiss the same for non-prosecution.
4. In the result, the appeal of the assessee is dismissed for non prosecution.
Order Pronounced in the Open Court on 6th December, 2018.
Sd/- Sd/-
(A.T. Varkey) (P.M. Jagtap)
JUDICIAL MEMBER VICE PRESIDENT
Dated: 06/12/2018
Biswajit, Sr. PS
3
I.T.A. No. 1167/Kol/2017
Assessment Year: 2012-13
C.G. Securities Pvt. Ltd.
Copy of order forwarded to:
1. C.G. Securities Pvt. Ltd., 2, Lal Bazar Street, 1st Floor, Kolkata - 700 001.
2. ITO Tech 2, ITO, Wd-6(1), P-7, Chowringhee Square, Kolkata - 700 069.
3. The CIT(A)
4. The CIT
5. DR True Copy, By order, Assistant Registrar / H.O.O. ITAT, Kolkata