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[Cites 1, Cited by 10]

Income Tax Appellate Tribunal - Cuttack

Shree Mahavir Carbon (P) Ltd, Cuttack vs Acit, Cuttack on 31 May, 2017

            IN THE INCOME TAX APPELLATE TRIBUNAL,
                    CUTTACK BENCH, CUTTACK

         BEFORE S/SHRI N.S SAINI, ACCOUNTANT MEMBER
          AND PAVAN KUMAR GADALE, JUDICIAL MEMBER


                         ITA No. 25/CTK/2016
                       Assessment Year :2004-05
     Shri Mahavir Carbon Pvt. Vs. ACIT, Circle 1(1), Cuttack
     Ltd.,Plot No.85, Phase-III,
     New      Industrial   Estate,
     Jagatpur, Cuttack

     PAN/GIR No. AAECS 6717 J

            (Appellant)             ..         ( Respondent)


                          Assessee by       : None
                        Revenue by : Shri B.N.Das, DR

                   Date of Hearing :   29/05/ 2017
                 Date of Pronouncement : 31 /05/ 2017

                                ORDER

Per Pavan Kumar Gadale, JM

This is an appeal filed by the assessee against the order of CIT(A)- Cuttack, dated 31.10.2013, for the assessment year 2004-05.

2. The notice of hearing was sent to the assessee fixing the date of hearing on 31.5.2017 and was returned back unserved with the postal remarks "Left always locked". Further, the assessee has not furnished the change of address to the Tribunal. From the above conduct of the assessee, it appears that the assessee is not interested in pursuing the appeal before the Tribunal. In these circumstances, as held by ITAT Delhi Bench in the case of CIT vs. Multiplan India (P) Ltd., 38 ITD 320 that there may be various reasons for the assessee to remain absent at the 2 time of hearing and one of the reasons might be absence to prosecute the appeal and we hereby dismiss the appeal in limine. However, we make it clear that the assessee is at liberty to file a petition to recall this order provided convincing/sufficient cause be explained for non-appearance on the said date of hearing.

3. In the result, the appeal filed by the assessee is dismissed Order pronounced on 31 /05/2017.

                         Sd/-                             sd/-

                (N.S Saini)                   (Pavan Kumar Gadale)
          ACCONTANT MEMBER                       JUDICIAL MEMBER
Cuttack; Dated        31/05/2017
B.K.Parida, SPS
Copy of the Order forwarded to :

1. The Appellant : Shri Mahavir Carbon Pvt. Ltd.,Plot No.85, Phase-III, New Industrial Estate, Jagatpur, Cuttack

2. The Respondent. ACIT, Circle 1(1), Cuttack

3. The CIT(A) Cuttack

4. Pr.CIT, Cuttack

5. DR, ITAT, Cuttack

6. Guard file.

    //True Copy//                                                BY ORDER,


                                                            SR.PRIVATE SECRETARY
                                                         ITAT, Cuttack