2019 (2) TMI 1583 - AT - Income Tax

Non-prosecution of appeal by assessee - HELD THAT - The assessee is not interested in prosecuting its appeals. It has been held in the case of B.N. Bhttachargee 2, 39, 62, 500/- when the assessee failed to substantiate his claim by way submitting the confirmation letters from creditors. When the assessee preferred appeal before the CIT(A) the CIT(A) confirmed the consequential order of AO vide order dated 09/03/2018 on the ground that the assessee has not discharged its onus by submitting the confirmation letters from the creditors - there is no Representation from the assessee and the findings of the CIT(A) are uncontroverted - Decided against assessee.

Summary

Issues:
1. Non-appearance of the assessee during appeal hearings.
2. Dismissal of appeals for want of prosecution.
3. Merits of the case related to additions made by the Assessing Officer.

Analysis:
1. The judgment pertains to an appeal by the assessee against the order of the CIT(A) for the assessment year 2007-08. The appellant failed to appear on multiple occasions during the appeal process, indicating a lack of interest in prosecuting the appeals.

2. The Tribunal referred to legal precedents to support the decision to dismiss the appeals for want of prosecution. Citing the case of B.N. Bhattachargee & Anr., it was emphasized that merely filing an appeal is not sufficient; active pursuit is essential. The Tribunal also highlighted the inherent power to dismiss appeals for non-prosecution, as established by the Hon'ble High Court of Mumbai in the case of M/s Chemipol Vs. Union of India.

3. On the merits of the case, a survey operation was conducted at the assessee's business premises, leading to additions by the Assessing Officer. The CIT(A) partially allowed the appeal by deleting certain additions but upheld others. The Tribunal noted that the assessee did not provide confirmation letters from creditors to substantiate claims, resulting in the confirmation of the AO's consequential order by the CIT(A).

4. Despite the absence of representation from the assessee, the Tribunal upheld the CIT(A)'s orders as the findings remained uncontroverted. Consequently, both appeals by the assessee were dismissed.

5. The judgment was pronounced on 18th January 2019, emphasizing the importance of active participation and compliance during appeal proceedings to ensure a fair and just resolution.