Shri Mithlesh kumar Gupta, Farrukhabad v. DCIT, Circle-1, Farrukhabad

MA 64/AGR/2006 | 1996-1997
Pronouncement Date: 04-02-2011 | Result: Dismissed

Appeal Details

RSA Number 6420324 RSA 2006
Assessee PAN ACHPP7790A
Bench Agra
Appeal Number MA 64/AGR/2006
Duration Of Justice 4 year(s) 2 month(s) 5 day(s)
Appellant Shri Mithlesh kumar Gupta, Farrukhabad
Respondent DCIT, Circle-1, Farrukhabad
Appeal Type Miscellaneous Application
Pronouncement Date 04-02-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted DB
Tribunal Order Date 04-02-2011
Date Of Final Hearing 04-02-2011
Next Hearing Date 04-02-2011
Assessment Year 1996-1997
Appeal Filed On 29-11-2006
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH AGRA BEFORE SHRI P.K. BANSAL ACCOUNTANT MEMBER AND SHRI H.S. SIDHU JUDICIAL MEMBER M.A. NOS.64 & 65/AGR/2006 (IN ITA NOS.124/AGR/2000 & 139/AGR/2003 ASST. YEARS: 1996-97 & 1995-96 SHRI MITHLESH KUMAR GUPTA VS. D.C.I.T. CIRCLE -I PROP. M/S. R.K. TRADING CO. FARRUKHABAD. LINDSEYGANJ FARRUKHABAD. (PAN : ACHPP 7790 A). (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI VINOD KUMAR JR. D.R. ORDER PER H.S. SIDHU J.M. : THESE MISCELLANEOUS APPLICATIONS HAVE BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THIS TRIBUNAL DATED 16.10.2006 PASSED IN ITA NOS.12 4/AGR/2000 & 139/AGR/2003. 2. IT IS NOTICED THAT WHEN THE ABOVE MISCELLANEOUS APPLICATIONS CAME UP FOR HEARING ON 04.02.2011 NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE DESPITE NOTICE HAVING BEEN SENT BY REGISTERED POST AD. EARLIER ALSO ON VARIOUS OCCAS IONS THESE MISCELLANEOUS APPLICATIONS WERE FIXED AND WERE ADJOURNED. FROM THIS IT IS REASONA BLE TO INFER THAT THE ASSESSEE IS NOT SERIOUS TO PURSUE ITS MISCELLANEOUS APPLICATIONS. THE LAW ASS ISTS ONLY THOSE WHO ARE VIGILANT OF THEIR RIGHTS AND NOT THOSE WHO SLEEP OVER THEM. THIS PR INCIPLE IS EMBODIED IN THE WELL KNOWN DICTUM VIGILANTIBUS NON DORMENTIBUS JURA SUBVENIUNT. U NDER THE CIRCUMSTANCES KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE INCOME TAX APPELLATE TRIBUNAL RULES 1963 2 AS WELL AS THE DECISIONS BY THE TRIBUNAL AS IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED 38 ITD 320 (DELHI) AND BY THE HIGHER COURTS AS IN THE CAS E OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (M.P.) WE TREAT THE ASSESSEES MISCELL ANEOUS APPLICATIONS AS UN-ADMITTED AND DISMISS THE SAME IN LIMINE. 3. IN THE RESULT MISCELLANEOUS APPLICATIONS FILED BY THE ASSESSEE ARE DISMISSED IN LIMINE. (ORDER PRONOUNCED IN THE OPEN COURT ON 04.02.2011). SD/- SD/- (P.K. BANSAL) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER PLACE: AGRA DATE: 4 TH FEBRUARY 2011 PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR ITAT AGRA BENCH AGRA 6. GUARD FILE ASSIST ANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL AGRA TRUE COPY