M.R. Thakker & Co. Const. Pvt. Ltd., Nashik V. Asst. Comm of Income-tax (central), Nashik

CO 43/PUN/2004

• Counselvise Citation: [2011] 122 COUNSELVISE.COM (IT) 6806 (ITAT-PUNE)
• Duration Of Justice: 7 year(s) 4 month(s) 18 day(s)
• Appeal Type: Cross Objection
• Pronouncement Date: 29-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: misc
• Appeal Filed On: 10-08-2004
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B , PUNE BEFORE SHRI I.C. SUDHIR, JUDICIAL MEMBER AND D.KARUNAKARA RAO, ACCOUNTANT MEMBER C.O. NO. 43/PN/2004 (ARISING OUT OF ITA NO.1070/PN/2003) (BLOCK ASSTT. YEARS: 1991-92 TO 2001-02) M .R. THAK KER & CO.CONST.PVT. LTD. ... CROSS OBJECTOR 1336, SHUKRAWAR PETH, PUNE 411 002 PAN : NOT AVAILABLE V. ACIT, (CENTRAL) CIRCLE-1, NASHIK RESPONDENT ASSESSEET BY : NONE RESPONDENT BY : MS. NEERA MALHOTRA DATE OF HEARING : 25.11.11 DATE OF PRONOUNCEMENT: .12.11 ORDER PER I.C. SUDHIR, JM IT IS A VERY OLD MATTER. IT APPEARS FROM THE RECO RD THAT THE CROSS OBJECTION WAS FILED ON 10.8.2004. ON 27.9.2011, NOTICE TO T HE OBJECTOR/APPELLANT WAS DIRECTED TO BE ISSUED THROUGH R.P.A.D FOR HEARING ON 25.11.2011. IT APPEARS FROM RECORD THAT NOTICE THROUGH R.P.A.D HAS BEEN ISSUED BY THE REGISTRY OF THE TRIBUNAL TO THE OBJECTOR ON 4.10.2011. ON EARLIER OCCASION, NOTICE THROUGH R.P.A.D WAS ISSUED ON 23.9.2011. NO-ONE HAS ENTERED APPEARANCE ON BEHALF OF THE OBJECTOR COMPANY, NOR ANY APPLICATION FOR ADJOURNMENT HAS BE EN MOVED. UNDER THESE CIRCUMSTANCES, WE COME TO THE CONCLUSION THAT THE O BJECTOR IS NOT INTERESTED IN PURSUING THE PRESENT CROSS OBJECTION. THE SAME IS ACCORDINGLY DISMISSED IN DEFAULT WITH THIS LIBERTY TO THE OBJECTOR TO MOVE APPLICATI ON FOR RESTORING THE CROSS OBJECTION IF IT WAS HAVING SUFFICIENT REASON FOR NON-APPEARAN CE BEFORE THE TRIBUNAL ON THE DATE FIXED. 2. IN RESULT, CROSS OBJECTION IS DISMISSED. C.O. . NO 43/PN/2004 M.R.THAKKER & CO. CONST. P. LTD. BLOCK A.YS.91-92 TO 01-02 PAGE OF 2 2 THE ORDER IS PRONOUNCED IN THE OPEN COURT ON 29TH DECEMBER 2011. SD/- SD/- ( D. KARUNAKARA RAO ) ACCOUNTANT MEMBER (I.C. SUDHIR ) JUDICIAL MEMBER PUNE, DATED THE 29TH DECEMBER, 2011 US COPY OF THE ORDER IS FORWARDED TO : 1. THE CROSS OBJECTOR 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A)- CONCERNED 4. THE D.R. B BENCH, PUNE 5. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE