Silver Streaks Trading P. Ltd.,, v. ITO, Ward 8(4),

ITA 1137/DEL/2007 | 2002-2003
Pronouncement Date: 26-05-2010 | Result: Dismissed

Appeal Details

RSA Number 113720114 RSA 2007
Assessee PAN AABCS8265K
Bench Delhi
Appeal Number ITA 1137/DEL/2007
Duration Of Justice 3 year(s) 2 month(s) 19 day(s)
Appellant Silver Streaks Trading P. Ltd.,,
Respondent ITO, Ward 8(4),
Appeal Type Income Tax Appeal
Pronouncement Date 26-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted G
Tribunal Order Date 26-05-2010
Date Of Final Hearing 26-05-2010
Next Hearing Date 26-05-2010
Assessment Year 2002-2003
Appeal Filed On 08-03-2007
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH G : NEW DELHI) BEFORE SHRI R.P. TOLANI JUDICIAL MEMBER AND SHRI K.D. RANJAN ACCOUNTANT MEMBER ITA NO.1137/DEL./2007 (ASSESSMENT YEAR : 2002-03) M/S. SILVER STREAKS TRADING PVT. LTD. VS. ITO WA RD 8 (4) 4957 SADAR BAZAR NEW DELHI. NEW DELHI. (PAN : AABCS8265K) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI GAJANAND MEENA CIT DR ORDER PER R.P. TOLANI JUDICIAL MEMBER : THE ASSESSEE HAS FILED THIS APPEAL AGAINST THE ORDE R OF CIT (APPEALS) FOR THE ASSESSMENT YEAR 2002-03. 2. TODAY I.E. ON 26.05.2010 WHEN THE CASE WAS CALLE D ON BOARD NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY REQUEST FOR ADJOURNMENT HAS BEEN FILED BEFORE THE TRIBUNAL. IN THE RECENT PAST ALSO I.E. ON 7.10.2009 7.12.2009 AND 11.2.2010 THE CASE WAS ADJOURNED AT THE REQUES T OF THE LEARNED COUNSEL FOR THE ASSESSEE. IT SEEMS THAT THE ASSESSEE IS NO T INTERESTED IN PROSECUTING THE APPEAL; HENCE THE APPEAL FILED BY THE ASSESSEE IS LIABLE TO BE UNADMITTED AND DISMISSED FOR NON-PROSECUTION. THE LAWS ASSIST TH OSE WHO ARE VIGILANT AND NOT THOSE WHO SLEEP OVER THEIR RIGHTS. CONSI DERING THESE FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE ITA NO.1137/DEL./2007 2 CONSIDERED IN THE CASE OF MULTIPLAN INDIA REPORTE D IN 38 ITD 320 (DEL) AND IN VIEW OF THE DECISION OF THE MADHYA PRADESH HIG H COURT IN THE CASE OF ESTATE OF LATE TUKOJI RAO HOLKAR REPORTED IN 223 I TR 480 WE DISMISS THIS APPEAL IN LIMINE. THE ASSESSEE IF SO ADVISED SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THE ORDE R AND EXPLAINING THE REASONS ETC. FOR NON-COMPLIANCE AND IF THE BENCH IS SO SAT ISFIED ABOUT THE REASONS ETC. THEN THIS ORDER MAY BE RECALLED. 3. IN THE RESULT THE APPEAL OF THE ASSESSE E IS DISMISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 26 TH DAY OF MAY 2010 AFTER THE CONCLUSION OF THE HEARING. SD/- SD/- (K.D. RANJAN) (R.P. TOLANI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 26 TH DAY OF MAY 2010 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A)-XI NEW DELHI. 5.CIT(ITAT) NEW DELHI. AR ITAT NEW DELHI.