TMI Blog2012 (7) TMI 487X X X X Extracts X X X X X X X X Extracts X X X X ..... he Bench to cooperate with the proceedings for speedy disposal of the case but until this date no record as suggested by the assessee was furnished - instance of the assessee for default and for not taking necessary steps showing no interest in prosecuting the appeal - against assessee. - ITA No.463/Ahd/2010 - - - Dated:- 8-6-2012 - SHRI MUKUL KUMAR SHRAWAT, AND SHRI A. MOHAN ALANKAMONY, JJ. Appellant by Shri Ashem Thakkar, AR Respondent by Shri B. L. Yadav, Sr. DR O R D E R PER A. MOHAN ALANKAMONY: This appeal is filed by the assessee aggrieved by the order of the learned CIT(A)-I, Baroda in Appeal No. CAB-I/285/08-09 dated 04-11-2009, for the assessment year 2006-07 passed u/s 143(3) read with section 250 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ttended on 4.08.2008 and requested for adjournment for one week. As requested by him case was adjourned to 8.8.2009. On the date of hearing on 8.8.2008, Shri O. P. Rathi, C. A A. R. of the assessee attended in the company of Shri R. C. Bagdi, Company Secretary on behalf of the assessee and filed details partly. The case was discussed with them and hearing was adjourned to 14.8.2008. On 14.08.2008 the A. R. of the assessee Shri O. P. Rathi attended. The case was discussed with him. During the course of assessment proceedings, he was requested to furnish the details with evidence in respect of the brought forward loss and depreciation claimed. He was also specifically requested to produce the books of accounts with bills and vouchers. The c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en received from the assessee. However, nobody attended on the date of hearing. Ultimately, a show cause letter dated 19.12.2008 was issued along with notice u/s 142 (1) of the Act, fixing hearing on 26.12.2008 at 3.30 PM. No response has been received from the assessee so far. By non compliance of notices, assessee has knowingly deliberately passed time. Since, the assessment in this case is getting barred by limitation, I have no other option but to finalize the assessment on the basis of details available on record. Penalty proceedings u/s 271 (1) (b) are initiated for non compliance of various notices issued from time to time. During the course of assessment proceedings, it was observed that the assessee company is engaged in the bu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ned AR who was present at the time of hearing assured the Bench that the relevant necessary records shall be filed within a day and also assured the Bench to cooperate with the proceedings for speedy disposal of the case. However, until this date no record as suggested by the learned AR was furnished. In these circumstances, it is evident from the conduct of the assessee that the assessee is no more interested in prosecuting his appeal. The Hon ble Supreme Court in the case of CIT Vs B. N. Bhattachargee and others, 118 ITR 461 observed that preferring an appeal, means effectively pursuing it. The Hon ble M. P. High Court in the case of Estate of Late Tukojirao Holkar Vs Commissioner of Wealth Tax, 223 ITR 480 dismissed the reference filed a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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