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Office of the Special Land Acquisition Officer Government of Gujarat Revenue Department Unit-1 Block, 6th Kuber Bhavan, KothiFloor Vadodara 390 001 Vs. Income Tax Officer TDS-2 Income Tax Department Aayakar Bhavan Race Course Circle Vadodara-390 007
June, 15th 2012
             IN THE INCOME TAX APPELLATE TRIBUNAL
              " B " BENCH, AHMEDABAD

 BEFORE SHRI MUKUL Kr.SHRAWAT, JUDICIAL MEMBER AND
         SHRI T.R. MEENA, ACCOUNTANT MEMBER

             ./I.T.A.          Nos.1367/Ahd/2010 &
                                    1368/Ahd/2010
       ( [     [ /   AYs : 2008-09 and 2009-10 r e s p e c t i ve l y )

Office of the Special Land       /        Income Tax Officer
Acquisition Officer                Vs.    TDS-2
Government of Gujarat                     Income Tax Department
Revenue Department                        Aayakar Bhavan
Unit-1 Block, 6 t h Floor                 Race Course Circle
Kuber Bhavan, Kothi                       Vadodara-390 007
Vadodara ­ 390 001
     PAN/GIR No. : ACAPB 7684 F
    ( /Appellant)                 ..             (/Respondent)

               Appellant by         :               -None-
                  Respondent by :        Shir Samir Tekriwal, Sr. D.R.

               Date of Hearing
                                     : 13/6/12
               Date of Pronouncement : 13/6/12


                             /O R D E R

PER SHRI MUKUL Kr. SHRAWAT, JUDICIAL MEMBER :


      These two appeals at the behest of the Assessee which have
emanated from the consolidated order of Learned CIT(Appeals)-VI,
Baroda dated 25/02/2010 and the ground raised read as under:-


      1.     On the facts and in the circumstances of the case and in
            law, the Ld. Assessing Officer, TDS Ward ­ 2, Baroda and
                                             ITA Nos.1367 & 1368/Ahd/2010
                             O/o The Special Land Acquisition Officer vs. ITO
                                             Asst.Years - 2008-09 & 2009-10
                                    -2-

            the Ld.Commissioner of Income Tax (Appeals)-VI, Baroda
            erred in holding that payment of compensation for
            compulsory acquisition of immovable property being
            Agricultural land is subject to Tax Deduction at Source
            u/s.194LA of the Income Tax Act, 1961 and thereby erred in
            treating the appellant as an assessee in default u/s.201(1)
            and thereby levying interest u/s.201 (1A) of the Act.


2.     Notice has been issued on 24/05/2012 fixing the date of hearing
on 13/06/2012 which was sent through Registered Post to the assessee (as
per evidence A.D.on record).      However, on the date of hearing no one
has appeared from the side of appellant-assessee or not submitted any
adjournment application. Under the circumstances, we have no option
but to dismiss both these appeals since the assessee is not interested in
pursuing with its appeals.       Therefore, in view of Hon'ble Madhya
Pradesh High Court decision in the case of Estate of Late Tukojirao
Holka vs. CWT (1997) 223 ITR 480 (M.P.) and                 of Hon'ble Delhi
Tribunal decision in the case of CIT vs. Multiplan India (Pvt.) Ltd. 38
ITD 320 (Delhi), we dismiss the appeals of the Assessee in limine.


3.    In the result, both the appeals of the Assessee is dismissed.
       Order pronounced in the Open Court on 13/06/2012


           Sd/-                                        Sd/-
      (..)                                      (   ^)
                                                   
    ( T.R. MEENA )                      ( MUKUL Kr. SHRAWAT )
ACCOUNTANT MEMBER                          JUDICIAL MEMBER

.., .../T.C. NAIR, Sr. PS
                                                   ITA Nos.1367 & 1368/Ahd/2010
                                   O/o The Special Land Acquisition Officer vs. ITO
                                                   Asst.Years - 2008-09 & 2009-10
                                           -3-

    /
      Copy of the Order forwarded to :
1.     / The Appellant
2.     / The Respondent.
3.       / Concerned CIT
4.     () / The CIT(A)-VI, Baroda
5.     ,   ,  / DR, ITAT, Ahmedabad

6.    [  / Guard file.
                                                                         / BY ORDER,

                  //True Copy//
                                                      /  (Dy./Asstt.Registrar)
                                                      /
                                                ,  / ITAT, Ahmedabad
                                                ,


     1. Date of dictation / (copied matter on 13.6.12)
     2. Date on which the typed draft is placed before the Dictating Member
        13.6.12.................. Other Member.....................
     3. Date on which the approved draft comes to the Sr.P.S./P.S.................
     4. Date on which the fair order is placed before the Dictating Member for
        pronouncement......
     5. Date on which the fair order comes back to the Sr.P.S./P.S.........14.6.12
     6. Date on which the file goes to the Bench Clerk..................... 14.6.12
     7. Date on which the file goes to the Head Clerk..................................
     8. The date on which the file goes to the Assistant Registrar for signature
        on the order..........................
     9. Date of Despatch of the Order..................
 
 
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