2018 (5) TMI 1076 - AT - Income Tax

Non prosecution of appeal by assessee - noncompliance of notices and not furnishing the required details - Held that - The assessment order was framed u/s 143(3) of the Act due to noncompliance of notices and not furnishing the required details. On appeal by the assessee, the ld. CIT(A) passed the ex parte order due to noncompliance of notices for hearings. The ld. CIT(A) fixed the date for hearings on 24/06/2016, 21.07.2016, 30.08.2016, 26.10.2016 & 22.12.2016 but the assessee neither appeared nor filed any adjournment petition on those dates. The law assists those who are vigilant and not those who sleep over their rights; i.e. vigilantibus non dormientibus, jura subveniunt . Appeal of the assessee is dismissed for non-prosecution.

Summary

Issues: Dismissal of appeal for non-prosecution due to non-appearance of the assessee and failure to comply with hearing notices.

Analysis:
1. The appeal was filed by the assessee for the assessment year 2012-2013 against the order of the Commissioner of Income Tax (Appeals)-2, Kolkata dated 03.01.2017. Notice of hearing was sent to the assessee at the address provided, but no one appeared on behalf of the assessee on the hearing date of 25.04.2018, nor was any request for adjournment made. The Tribunal noted the lack of interest from the assessee's side in prosecuting the appeal, leading to the decision that the appeal is liable to be dismissed for non-prosecution.

2. The Tribunal referred to legal precedents to support their decision, citing cases such as CIT vs B.N.Bhattachrgee and another, Estate of late Tukojirao Holkar vs CWT, and Commissioner of Income-tax vs Multiplan India (P) Ltd. These cases emphasized the importance of actively pursuing an appeal and complying with procedural requirements to ensure a fair hearing.

3. The assessment order under consideration was framed under section 143(3) of the Income Tax Act due to noncompliance with notices and failure to provide necessary details. Despite multiple hearing dates set by the CIT(A), the assessee neither appeared nor filed any adjournment petition, leading to the passing of an ex parte order. The principle of law that "the law assists those who are vigilant and not those who sleep over their rights" was highlighted, emphasizing the importance of active participation in legal proceedings.

4. Ultimately, the Tribunal concluded that the appeal of the assessee is dismissed for non-prosecution, as the lack of participation and compliance with hearing notices demonstrated a lack of interest in pursuing the appeal. The decision was pronounced in the open court on 25/04/2018, highlighting the finality of the judgment.