2015 (2) TMI 1236 - AT - Income Tax

Non prosecution of appeal - Held that - The record reveals that earlier the notice was served upon the assessee and the appeals were adjourned on the request of the learned counsel for assessee. Thereafter the appeals were again taken up for hearing and the assessee was notified the date of hearing through registered post. The registered post did not return back to the office of the Tribunal and, therefore, deemed to be served upon the assessee in ordinary course. But despite service of notice, none appeared on behalf of the assessee at the time of hearing of the appeals. It, therefore, appears that the assessee is no more interested in prosecuting the appeals. Therefore, the appeals of the assessee are liable to be dismissed. The laws aid those who are vigilant, not those who sleep upon their rights. Thus we dismiss the appeals filed by the assessee for non prosecution.

Summary

Issues:
Appeals against orders of Commissioner of Income Tax (Appeals)(Central) for assessment years - Failure of assessee to appear for hearing - Dismissal of appeals for non-prosecution.

Analysis:
The judgment pertains to multiple appeals by the assessee against orders of the Commissioner of Income Tax (Appeals)(Central) for various assessment years. The record indicates that the assessee was duly served notice regarding the hearing of the appeals, but failed to appear despite being notified through registered post. The Tribunal noted the absence of the assessee and inferred a lack of interest in pursuing the appeals. Citing the principle that "the laws aid those who are vigilant, not those who sleep upon their rights," the Tribunal deemed the appeals liable for dismissal due to non-prosecution. This decision was in line with Rule 19(2) of the Appellate Tribunal Rules and supported by precedent cases like CIT v Multiplan India Ltd.

Furthermore, the Tribunal referenced the judgment of the Hon'ble M.P. High Court in the case of Estate of Late Tukojirao Holkar v CWAT and the Hon'ble Punjab & Haryana High Court in the case of New Diwan Oil Mills Vs CIT, emphasizing that failure to appear or assist in the preparation of case materials could result in the dismissal of appeals. The Tribunal also invoked the ruling of the Hon'ble Supreme Court in CIT v B.N. Bhattarchargee, highlighting that merely filing an appeal is insufficient; active pursuit is necessary.

Based on the aforementioned legal principles and precedents, the Tribunal dismissed all the appeals filed by the assessee for non-prosecution. The judgment underscored the importance of diligence and active participation in legal proceedings, ultimately leading to the dismissal of the appeals due to the assessee's failure to engage in the process effectively. The decision was pronounced openly on February 16, 2015, marking the conclusion of the case.