BHARAT ENTERPRISES, MUMBAI V. DCIT CIR 12(2), MUMBAI

ITA 1059/MUM/2010

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6123 (ITAT-MUMBAI)
• Duration Of Justice: 9 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 03-12-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 09-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K R DAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.1059/MUM/2010 A.Y 2006-07 BHARAT ENTERPRISES, 252-A, JOLLY MAKER APT.1, CUFFE PARADE, MUMBAI 400 005. PAN: AAAFB 2025 N VS. DY. COMMISSIONER OF I.T., CIRCLE 12(2), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI K.R.DAS. O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 9/12/2009 OF THE EARNED COMMISSIONER OF INCOM E TAX [APPEALS]-VIII, MUMBAI AND RELATES TO THE ASSESSMEN T YEAR 2006-27. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON 30/11/2010. WHEN THE MATTER WAS CALLED UP FOR HEARING, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLI CATION FOR ADJOURNMENT RECEIVED. IT SEEMS THAT THE ASSESSEE I S NOT INTERESTED TO PURSUE ITS APPEAL FURTHER. HENCE, FOLLOWING THE DEC ISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DE L.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CAS E OF LATE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 3 RD DAY OF DECEMBER, 2010. SD/- SD/- (N.V.VASUDEVAN) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: RD DECEMBER, 2010. 2 P/-*