Shri Dyandeo Sitaram Kale, v. ACIT,

ITA 712/PUN/2009 | 2003-2004
Pronouncement Date: 30-08-2010 | Result: Dismissed

Appeal Details

RSA Number 71224514 RSA 2009
Assessee PAN AAFHD9507C
Bench Pune
Appeal Number ITA 712/PUN/2009
Duration Of Justice 1 year(s) 2 month(s) 15 day(s)
Appellant Shri Dyandeo Sitaram Kale,
Respondent ACIT,
Appeal Type Income Tax Appeal
Pronouncement Date 30-08-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 30-08-2010
Assessment Year 2003-2004
Appeal Filed On 15-06-2009
Judgment Text
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. 712/PN/2009 : A.Y. 2003-04 SHRI DNYANDEO SITARAM KALE (HUF) C/O. M/S. V.S. KALE & CO. A/P VIZORI TAL. MALSHIRAS DIST. SOLAPUR PAN AAFHD 9507 C APPELLANT VS. ASSTT. CIT CIR. 1 SOLAPUR 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)-III PUNE DATED 26- 3-2009 FOR A.Y. 2003-04. 2. THIS CASE WAS FIXED FOR HEARING ON 30-8-2010 FOR WHICH A NOTICE WAS SENT BY RPAD ON 29-7-2010. THE S AID NOTICE HAS NOT BEEN RETURNED BACK FROM THE POSTAL AUTHORITIES. SO IT IS PRESUMED THAT THE ASSESSEE H AS RECEIVED THE SAME. HOWEVER WHEN THE CASE WAS CALLE D UP FOR HEARING ON 30-8-2010 NONE WAS PRESENT. NO APPLICATION REQUESTING FOR ANY ADJOURNMENT IS ALSO RECEIVED. IT IS THUS CLEAR THAT THE ASSESSEE IS N OT INTERESTED IN PURSUING THIS APPEAL. THE LAW ASSISTS THOSE ITA NO. 712/PN/09 SHRI DNYANDEO SITARAM KALE HUF A.Y. 2003-04 2 WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. THIS PRINCIPLE IS EMBODIED IN THE WELL-KNO WN DICTUM VIGILANTIBUS NON DORMENTIBUS JURA SUVENIUNT. CONSIDERING THE FACTS AND KEEPING IN MI ND THE PROVISIONS OF RULE 19(2) OF THE APPELLATE TRIBU NAL RULES AS WERE CONSIDERED IN 38 ITD 320 (DEL) IN TH E CASE OF CIT V. MULTIPLAN INDIA LIMITED WE DISMISS THIS APPEAL FILED BY THE ASSESSEE. 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- III PUNE (4) CIT(A)-IV PUNE (5) THE D.R. A' BENCH PUNE TRUE COPY BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL PUNE BENCHES PUNE