LKP MERCHANT FINANCING LTD., MUMBAI V. INCOME TAX OFFICER 3(2)(1), MUMBAI

ITA 1165/MUM/2009

• Counselvise Citation: 116519914 RSA 2009
• Duration Of Justice: 2 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 20-05-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2003-2004
• Appeal Filed On: 20-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 ITA NO. 1165/MUM/2009 (ASST YEAR 2003-04) IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI A MUMBAI A MUMBAI A MUMBAI A BENCH BENCH BENCH BENCH MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI MUMBAI BENCHES, MUMBAI BEFORE SHRI BEFORE SHRI BEFORE SHRI BEFORE SHRI R S SYAL, AM & R S SYAL, AM & R S SYAL, AM & R S SYAL, AM & SHRI SHRI SHRI SHRI VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM VIJAY PAL RAO, JM ITA NO. ITA NO. ITA NO. ITA NO. 1165/MUM/2009 1165/MUM/2009 1165/MUM/2009 1165/MUM/2009 (ASST YEAR (ASST YEAR (ASST YEAR (ASST YEAR 2003 2003 2003 2003- -- -04 0404 04) )) ) LKP MERCHANT FINANCING LTD 112A EMBASSY CENTRE NARIMAN POINT MUMBAI 21 VS THE INCOME TAX OFFICER WARD 3(2)(1), MUMBAI (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. PAN NO. PAN NO. PAN NO.AAACL2401P AAACL2401P AAACL2401P AAACL2401P A SSESSEE BY NONE REVENUE BY SHRI P DAS -DR PER PER PER PER VIJAY PAL RAO, JM: VIJAY PAL RAO, JM: VIJAY PAL RAO, JM: VIJAY PAL RAO, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER PASSED BY THE LD. CIT(A) IIII, MUMBAI DATED 22.1.2009 RELA TING TO ASSESSMENT YEAR 2003-04. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE WHE N THE NAME OF THE ASSESSEE WAS CALLED AT THE TIME OF HEARING NOR ANY ADJOURNME NT PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED FROM THE ASSESSEE . IT APPEARS FROM THIS CONDUCT OF THE ASSESSEE THAT IT IS NOT SERIOUSLY IN TERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. HAVING REGARD TO THE FACTS STATED ABOVE AND KEEPING IN VIEW THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN THE CASE OF C.I.T. VS. MULTIPLAN (INDIA) LIMITED, 38 ITD 320 (DEL) AND BY THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKER VS. CWT AS REPORTED IN 223 ITR 480 (M.P), WE TREAT THE APPEAL OF THE ASSESSEE AS UN-ADMITTED AND DISMISS THE SAME FO R NON-PROSECUTION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE REASONS 2 ITA NO. 1165/MUM/2009 (ASST YEAR 2003-04) FOR NON-COMPLIANCE AND FOR RECALLING OF THIS ORDER AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT, APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THE 20 TH DAY OF MAY 2011. SD/- SD/- ( ( ( ( R S SYAL R S SYAL R S SYAL R S SYAL ) )) ) ACCOUNTANT MEMBER ( ( ( ( VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO ) )) ) JUDICIAL MEMBER PLACE: MUMBAI : DATED:20 TH MAY 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI