Color Magic, Kolkata vs Department Of Income Tax

IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH : KOLKATA

[Before Hon'ble Sri Mahavir Singh, JM & Hon'ble Sri Shamim Yahya, AM] I.T.A No. 1650/Kol/2012 Assessment Year : 2003-04

D.C.I.T., Circle-30, -vs.- M/s.Color Magic Kolkata Kolkata [PAN : AADFC 0256 B] (Appellant) (Respondent) For the Appellant : Shri Kanhiya Lal Kanak, JCIT For the Respondent : None

Date of Hearing : 16.02.2015 Date of Pronouncement : 16.02.2015. ORDER

Per Shri Shamim Yahya, AM

This appeal by the revenue is directed against the order of ld.CIT(A)-XIV, Kolkata and pertains to Assessment year 2003-04.

2. This appeal came for hearing first on 22.05.2013 and on several dates and subsequently today on 16.02.2015. The notice was sent to the assessee for hearing. However no one was present on behalf of the assessee on the date of hearing. Neither an adjournment petition was filed in respect of the above assessee It means that assessee is not interested to prosecute the appeal. Hence the 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.Bhattachrgee 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 :

2 ITA No.1650/Kol/2012 M/s.Color Magic A.Yr.2003-04 "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 desired, shall be free to move this Tribunal praying for recalling this order and explaining reasons for non-compliance etc. then this order may be recalled.

4. In the result, the appeal of the revenue is dismissed for non-prosecution.

Order pronounced in the open Court on 16.02.2015.

Sd/- Sd/- [ Mahavir Singh ] [ Shamim yahya ] Judicial Member Accountant Member

Dated : 16.02.2015.

[RG PS]

Copy of the order forwarded to:

1.M/s.Color Magic, 34, Dr.Sarat banerjee Road, Kolkata-700029.

2. D.C.I.T., Circle-30, Kolkata.

3. CIT(A)-XIV, Kolkata. 4. CIT Kolkata.

5. CIT(DR), Kolkata Benches, Kolkata.

True copy

By Order

Asstt.Registrar, ITAT, Kolkata Benches

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