MOTIRAM TOLARAM, MUMBAI V. DCIT CEN CIR 31, MUMBAI

ITA 1219/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8610 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 24-09-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 15-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH BEFORE SHRI D.K.AGARWAL, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.1219/MUM/2010 A.Y 2006-07 MOTIRAM TOLARAM, LAALASIS, PLOT NO.219, 11 TH ROAD, CHEMBUR, MUMBAI 400 071. PAN: AAAFG 8230 C VS. ASST. COMMISSIONER OF I.T., CENTRAL CIRCLE 31, MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI S.K.SINGH. O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 18/12/2009 OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-40, MUMBAI AND RELATES TO THE ASSESSMENT YEAR 2006-07. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON V ARIOUS OCCASIONS BUT WAS ADJOURNED AS THE BENCH DID NOT FU NCTION. THE HEARING WAS FIXED FOR 27/1/2011 AND THE PARTIES WER E INFORMED THROUGH NOTICE BOARD. WHEN THE MATTER WAS CALLED UP FOR HEARING ON 27/1/2011, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. IT S EEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL FUR THER. HENCE, FOLLOWING THE DECISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 2 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMIS SED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 4 TH DAY OF FEBRUARY, 2011. SD/- SD/- (D.K.AGARWAL) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 4 TH FEBRUARY, 2011. P/-*