GILL & CO. P. LTD, MUMBAI V. DCIT RG 2(1), MUMBAI

ITA 1092/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2342 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-04-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 13-09-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 17-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: C SRINIVLAS REDDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH: MUMBAI BEFORE SHRI R S SYAL, ACCOUNTANT MEMBER AND SHRI D K AGARWAL, JUDICIAL MEMBER ITA NO 1092/MUM/2009 (ASSESSMENT YEAR: 2004-05) GILL & CO PVT LTD, NTC HOUSE, NARROTTAM MORARJI MARG, BALLARD ESTATE, MUMBAI -400 038 PAN: AAACW 2472 M VS DEPUTY COMMISSIONER OF INCOME TAX, RANGE 2(1), AAYAKAR BHAVA, MUMBAI APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: MR C SRINIVLAS REDDY ORDER PER R S SYAL, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF LEARNED CIT- II MUMBAI DATED 15.12.2008 FOR ASSESSMENT YEAR 2004-05 . 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 15. 04.2010, NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLIC ATION SEEKING ADJOURNMENT OF THE SAID HEARING IS FILED DESPITE THE FACT THAT NOTICE OF THE SAID HEARING SENT TO THE ASSESSEE BY RPAD HAS BEEN DULY SERVED UPON THE ASSE SSEE. IT APPEARS THAT THE ASSESSEE THUS IS NOT SERIOUSLY INTERESTED IN PROSEC UTING THE APPEAL FILED BEFORE THE TRIBUNAL. 3. CONSIDERING THE FACTS NARRATED ABOVE AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320)(DEL) AND BY HONBLE MA DHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480) (MP) THIS APPEALS OF THE ASSESSEE IS TREATED AS UNADMITTED AND DISMISSED FOR NON-PROSECUTION. THE ASSESSEE IF SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL E XPLAINING THE REASONS FOR NON- ITA 1092/M/2009 GILL & CO PVT LTD 2 COMPLIANCES AND FOR RECALLING THIS ORDER AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT, BOTH THE APPEAL OF THE ASSESSEE I S DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 16TH DAY OF APRIL 2010. SD/- (D K AGARWAL) JUDICIAL MEMBER SD/- (R S SYAL) ACCOUNTANT MEMBER MUMBAI, DATE: 16TH APRIL 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) -II, MUMBAI. 4) THE CIT-MUMBAI CITY-II, MUMBAI. 5) THE D.R. G BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITA 1092/M/2009 GILL & CO PVT LTD 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 15.04.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 15.04.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER