Poojara Sablok & Associates, v. ITO,

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A PUNE BEFORE SHRI SHAILENDRA KUMAR YADAV JM AND SHRI D. KARUNAKARA RAO AM I.T.A. NO. 631/PN/2008 : A.Y. 2004-05 M/S. POOJARA SABLOK & ASSOCIATES C/O. SHRI D.K. BHANDARI DAULAT BUILDING 1528 KINGS GATE AHMEDNAGAR 414 001 PAN AAEEP 2222 P APPELLANT VS. I.T.O. WARD 2 AHMEDNAGAR RESPONDENT APPELLANT BY : NONE RESPONDENT BY: SHRI ABHAY DAMLE ORDER PER SHAILENDRA KUMAR YADAV JM THIS APPEAL HAS BEEN PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT (A)-I PUNE DATED 25-3- 2008 FOR A.Y. 2004-05. 2. THIS CASE WAS ORIGINALLY FIXED FOR HEARING ON 31 -12- 2009. HOWEVER IT WAS ADJOURNED FROM TIME TO TIME A T THE REQUEST OF THE ASSESSEE AND FINALLY IT WAS FIXED FO R HEARING ON 30-8-2010. HOWEVER WHEN THE CASE WAS CALLED UP FOR HEARING ON 30-8-2010 NONE WAS PRESENT. NO APPLICAT ION REQUESTING FOR ANY ADJOURNMENT IS ALSO RECEIVED. IT IS THUS CLEAR THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THIS APPEAL. THE LAW ASSISTS THOSE WHO ARE VIGILANT AND ITA NO. 631/PN/08 POOJARA SABLOK & ASSOCIATES A.Y. 2004-05 2 NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCI PLE IS EMBODIED IN THE WELL-KNOWN DICTUM VIGILANTIBUS NON DORMENTIBUS JURA SUVENIUNT. CONSIDERING THE FACTS AND KEEPING IN MIND THE PROVISIONS OF RUL E 19(2) OF THE APPELLATE TRIBUNAL RULES AS WERE CONS IDERED IN 38 ITD 320 (DEL) IN THE CASE OF CIT V. MULTIPLAN INDIA LIMITED WE DISMISS THIS APPEAL FILED BY THE ASSESS EE. 3. IN THE RESULT THE APPEAL STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 30 TH AUGUST 2010. SD/- SD/- (D. KARUNAKARA RAO) (SHAILENDRAKUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBER PUNE DATED THE 30 TH AUGUST 2010 ANKAM COPY FORWARDED TO: (1) ASSESSEE (2) DEPARTMENT (3) CIT- I PUNE (4) CIT(A)-I PUNE (5) THE D.R. A' BENCH PUNE TRUE COPY BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL PUNE BENCHES PUNE