THE DCIT RG 4(1), MUMBAI V. M/S. EXPRESS POLUPLASTS PVT. LTD, MUMBAI

ITA 1016/MUM/2008

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 1561 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-11-2009
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2004-2005
• Appeal Filed On: 11-02-2008
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N K BHALODIA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI J.SUDHAKAR REDDY, ACCOUNTANT MEMBER. I.T.A. NO. 1016/MUM/2008 ASSESSMENT YEAR : 2004-05. DY. COMMISSIONER OF M/S EXPRESS POLYPLASTS PVT.LTD., INCOME TAX, RANGE-4(1), VS. 119, MAS KATI MAHAL, 4 TH FLOOR, MUMBAI. LOHAR CHAWL, MUMBAI-00002. PAN : AAACE8473G (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI N.K. BHALODIA. RESPONDENT BY : NONE. O R D E R PER J. SUDHAKAR REDDY : THIS IS AN APPEAL FILED BY THE REVENUE DIRECTED A GAINST THE ORDER OF THE CIT(APPEALS)-IV, MUMBAI DATED 27-11-20 07 FOR ASSESSMENT YEAR 2004-05. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE ISSUAL OF NOTICE. THERE IS NEITHER A PETITION SEEKING ADJOURN MENT. UNDER THESE CIRCUMSTANCES, WE DISPOSE OF THIS CASE EXPARTE ON M ERITS QUA THE ASSESSEE AFTER HEARING THE LEARNED DR. 3. WE HAVE HEARD THE LEARNED DR. THE CIT(APPEALS) IN THIS CASE HAS FOLLOWED THE SPECIAL BENCH DECISION OF THE ITAT IN THE CASE OF ACIT VS. CONCORD COMMERCIAL PVT. LTD. 94 TTJ 913 (M UM.) (S.B.) AND DECIDED THE ISSUE IN FAVOUR OF THE ASSESSEE. 2 4. BEFORE US THE LEARNED DR COULD NOT POINT OUT AS TO HOW THE FACTS OF THIS CASE ARE DIFFERENT FROM THE FACTS OF THE CASE IN THE CASE OF CONCORD COMMERCIAL PVT. LTD. (SUPRA). IN VIEW OF AB OVE, WE FIND NO INFIRMITY IN THE ORDER OF THE FIRST APPELLATE AUTHO RITY. ACCORDINGLY, WE UPHOLD THE ORDER OF THE CIT(APPEALS). 5. IN THE RESULT, THE APPEAL OF THE REVENUE IS DIS MISSED. ORDER PRONOUNCED ON THIS 20 TH DAY OF NOVEMBER, 2009. SD/- SD/- (D.K. AGARWAL) (J. SUDHAKAR REDD Y) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 20 TH NOVEMBER, 2009 WAKODE COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, J-BENCH (TRUE COPY) BY ORDER ASSTT.REGISTRAR, ITAT, MUMBAI BENCHES