M/s. Joy Bhawani Rice Mill, Paschim Medinipur v. ITO, Ward - 1(2), Midnapore, Midnapore

ITA 1604/KOL/2008 | 2004-2005
Pronouncement Date: 30-03-2010

Appeal Details

RSA Number 160423514 RSA 2008
Assessee PAN AADFJ7151M
Bench Kolkata
Appeal Number ITA 1604/KOL/2008
Duration Of Justice 1 year(s) 7 month(s) 11 day(s)
Appellant M/s. Joy Bhawani Rice Mill, Paschim Medinipur
Respondent ITO, Ward - 1(2), Midnapore, Midnapore
Appeal Type Income Tax Appeal
Pronouncement Date 30-03-2010
Appeal Filed By Assessee
Bench Allotted C
Tribunal Order Date 30-03-2010
Assessment Year 2004-2005
Appeal Filed On 18-08-2008
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL 'C BENCH : KOLKATA (BEFORE HONBLE SMT. DIVA SINGH J.M. AND HONBLE SRI B.C.MEENA A.M.) I.T.A. NO. 1604/KOL/2008 ASSESSMENT YEAR : 2004-05 M/S JOY BHAWANI RICE MILL VS. INCOME TAX OFFICER WARD 1(2) (PAN NO. AADFJ 7151 M) MIDNAPORE (APPELLANT) (RESPONDENT) APPELLANT BY : NO NE. RESPONDENT BY : SRI SANJAY BARA. O R D E R PER SHRI B.C.MEENA A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) DATED 01.05.2008 FOR THE ASSESSMENT YEAR 20 04-05. 2. THIS APPEAL WAS FIXED FOR HEARING VARIOUS TIMES BUT THE SAME WAS REPEATEDLY ADJOURNED. THEREAFTER THE NOTICE OF HE ARING FIXING THE CASE ON 30.3.2010 WAS SERVED ON THE ASSESSEE. NEITHER ANY BODY ATTENDED ON THE DATE OF HEARING NOR ANY ADJOURNMENT PETITION WAS F ILED BEFORE THE BENCH. THEREFORE IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE MATTER BEFORE THE TRIBUNAL. HEARING THE LEARNE D D.R. CONSIDERING THE ARGUMENTS OF THE DEPARTMENTAL REPRESENTATIVE AND F OLLOWING THE DECISION OF THE INCOME TAX APPELLATE TRIBUNAL IN THE CASE OF CI T VS MULTIPLAN INDIA LTD. (38 ITD 320) AND THE JUDGMENT OF THE HONBLE MAD HYA PRADESH HIGH COURT REPORTED IN 223 ITR 480 WE DISMISS THE APPEAL F OR NON-PROSECUTION. 2 3. HOWEVER THE ASSESSEE SHALL BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING THIS ORDER IF PREVENTED BY SUFFICIEN T CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. ORDER PRONOUNCED IN THE OPEN COURT ON 30.03.2010 SD/- SD/- (DIVA SINGH) (B.C.MEENA ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 30.03.2010 COPY FORWARDED TO :- 1) ITO WARD 1(2) MIDNAPORE. 2) M/S JOY BHAWANI RICE MILL KANGALIGUNJ PATNA A BASH MIDNAPUR DIST. PASCHIM MEDINIPUR PIN 721101. 3) CIT(A) KOLKATA. 4) CIT KOLKATA. 5) D.R. ITAT KOLKATA. (TRUE COPY) BY OR DER ASSISTANT REGISTRAR BCD I.T.AT. KOLKATA.