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Rajinder Parshad Jain, Jind vs Assessee

Income Tax Appellate Tribunal19 March 2015

Ratio decidendi

The rule this decision rests on

The Tribunal may dispose of an appeal for non-prosecution, treating it as unadmitted and dismissing it in limine, where the appellant, having been given notice of the hearing, neither appears nor seeks an adjournment, so that it is apparent the assessee is not interested in prosecuting the appeal; an appeal is not "pursued" merely by filing the memorandum of appeal, but only by effectively prosecuting it.

Written by Miss Lucy from the judgment below, not taken from a headnote.

Judgment

As delivered

IN THE INCOME TAX APPELLATE TRIBUNALCHANDIGARH BENCHES 'B' CHANDIGARHBEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ANDSHRI T.R. SOOD, ACCOUNTANT MEMBERITA No. 912/Chd/2014Assessment Year: 2008-09

Shri. Rajinder Parshad Jain. Vs. The ITO Govt. Contractor Ward 2 Jind, Jind

PAN No.AAJFR3351E

(Appellant) (Respondent)

Appellant By : None Respondent By : Shri. Manjit Singh

Date of hearing : 19/03/2015 Date of Pronouncement : 19/03/2015

ORDER

PER T.R.SOOD, A.M.

The appeal by the Assessee is directed against the order dated 29/08/2014

passed by the CIT(A), Rohtak.

2. Initiall y, this case was fixed for hearing on 01/01/2015. Later on, the case

was fixed for hearing on 19/03/2015. However, on today i.e 19/03/2015, none

appeared on behalf of the assessee, neither any adjournment was sought. It,

therefore, appears that the assessee is not interested to prosecute the matter.

The law aids those who are vigilant, not those who sleep upon their rights. This

principle is embodied in well known dictum, "VIGILANTIBUS ET NON

DORM IENTIBUS JURA SUB VENIUNT'. Considering the facts and keeping in

view the provisions of rule 19(2) of the Income-tax Appellate Tribunal Rules as

were considered in the case of C IT vs. Multiplan India Ltd., (38 ITD 320)(Del),

we treat this appeal as unadmitted.

3. Similar view has been taken by the Hon'ble Madhya Pradesh High Court

in the case of Estate of Late Tukojirao Holkar vs. CWT (223 ITR 480) wherein

it has been held as under:

"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."

4. Similarl y, Hon'ble Punjab & Haryana High Court in the case of New

Diwan Oil Mills vs. CIT (2008) 296 ITR 495 returned the reference unanswered

since the assessee remained absent and there was not any assistance from the

assessee.

5. Their Lordships of Hon'ble Supreme Court in the case of CIT vs. B.

Bhattachargee & Another (118 ITR 461 at page 477-478) held that the appeal

does not mean, mere filing of the memo of appeal but effectivel y pursuing the

same.

6. So, by respectfull y following the view taken in the cases cited supra, we

dismiss the appeal for non-prosecution.

7. In the result, appeal of the assessee is dismissed in limine.

Order pronounced in the Open Court on 19/03/2015.

Sd/- Sd/- (BHAVNESH SAINI) (T.R. SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated : 19/03/2015 AG

Copy to: The Appellant, The Respondent, The CIT, The CIT(A), The DR

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