Resource Technologies Pvt.Ltd., Hyd, Hyderabad v. ITO, Ward-3(2), Hyd, Hyderabad

ITA 830/HYD/2016 | 2008-2009
Pronouncement Date: 24-10-2016 | Result: Dismissed

Appeal Details

RSA Number 83022514 RSA 2016
Assessee PAN AABCR1334E
Bench Hyderabad
Appeal Number ITA 830/HYD/2016
Duration Of Justice 4 month(s) 22 day(s)
Appellant Resource Technologies Pvt.Ltd., Hyd, Hyderabad
Respondent ITO, Ward-3(2), Hyd, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 24-10-2016
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 24-10-2016
Assessment Year 2008-2009
Appeal Filed On 02-06-2016
Judgment Text
THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B HYDERABAD BEFORE SHRI P. MADHAVI DEVI JUDICIAL MEMBER AND SHRI S. RIFAUR RAHMAN ACCOUNTANT MEMBER ITA NO. 830/HYD/2016 ASSESSMENT YEAR: 2008-09 RESOURCE TECHNOLOGIES P. LTD. HYDERABAD. PAN AABCR 1334E VS. INCOME-TAX OFFICER WARD 3(2) HYDERABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI K.J. RAO DATE OF HEARING : 24-10-2016 DATE OF PRONOUNCEMENT : 24-10-2016 O R D E R PER S. RIFAUR RAHMAN A.M.: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST O RDER DATED 01/01/2016 OF LD. CIT(A) - 10 HYDERABAD FOR AY 200 8-09. 2. WHEN THIS APPEAL CAME FOR HEARING TODAY I.E. ON 24/10/2016 NONE APPEARED ON BEHALF OF THE ASSESSEE NOR THERE W AS ANY REQUEST FOR ADJOURNMENT. ON 03/10/2016 SMT. KAVITHA APPEARED AND SOUGHT ADJOURNMENT. IT WAS BROUGHT TO HER NOTICE THAT POWE R OF ATTORNEY WAS NOT FILED. TILL NOW NO ACTION HAS BEEN TAKEN TO FI LE THE SAME AND NONE APPEARED ON BEHALF OF THE ASSESSEE BEFORE US ON 24/ 10/2016. IN THESE CIRCUMSTANCES WE ARE OF THE VIEW THAT THE AS SESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. IT HAS BEE N HELD BY THE HONBLE SUPREME COURT IN THE CASE OF B.N. BHTTAC HARGEE & ANR. 118 ITR 461 THAT APPEAL DOES NOT MEAN ONLY F ILING OF MEMO OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY. IN CASES WHERE THE ASSESSEE DOES NOT WANT TO PURSUE THE APPEAL COURT/TRIBUNAL HAVE INHERENT POWER TO DISMISS THE APPEAL FOR NON PROSECUTION AS HELD BY HONBLE 2 ITA NO. 830 /HYD/2016 RESOURCE TECHNOLOGIES P. LTD. HIGH COURT OF MUMBAI IN THE CASE OF M/S CHEMIPOL VS . UNION OF INDIA IN EXCISE APPEAL NO. 62 OF 2009. THEREFORE RESPECT FULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN ( INDIA) LTD. (38 ITD 320) AND MADHYA PRADESH HIGH COURT IN LATE TUKOJIRA O HOLKAR (223 ITR 480) WE DISMISS THIS APPEAL OF THE ASSESSEE FO R WANT OF PROSECUTION. 3. HOWEVER THE ASSESSEE IS AT LIBERTY TO SEEK RE CALL OF THIS ORDER BY WAY OF FILING AN M.A. SHOWING SUFFICIENT REASONS WHICH PREVENTED IT FOR ABSENCE ON THE SAID DATE OF HEARING OF THIS APP EAL. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 24 TH OCTOBER 2016. SD/- SD/- (P. MADHAVI DEVI) (S. RIFAUR RAHMAN) JUDICIAL MEMBER AC COUNTANT MEMBER HYDERABAD DATED: 24 TH OCTOBER 2016 KV COPY TO:- 1) RESOURCE TECHNOLOGIES PVT. LTD. C/O PRATURI AND SRIRAM 3-6-220 1 ST FLOOR STREET NO. 15 HIMAYAT NAGAR HYDERABAD 500 029. 2) ACIT CIRCLE 8(1) BLOCK NO8C INCOME TAX T OWERS AC GUARDS HYDERABAD. 3) CIT(A) 10 HYDERABAD 4) CIT (IT & TP) HYDERABAD 5) THE DEPARTMENTAL REPRESENTATIVE I.T.A.T. H YDERABAD. 6) GUARD FILE 3 ITA NO. 830 /HYD/2016 RESOURCE TECHNOLOGIES P. LTD. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON SR.P.S. 2. DRAFT PLACED BEFORE AUTHOR SR.P.S 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER VP 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S. 6. KEPT FOR PRONOUNCEMENT ON SR.P S. 7. FILE SENT TO THE BENCH CLERK SR.P.S. 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER