DIAMOND TILES, MUMBAI V. ITO WD 17(1)(2), MUMBAI

ITA 1501/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 49259 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 15-09-2016
• Assessment Year: 1998-1999
• Appeal Filed On: 24-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R K JALANI

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D, MUMBAI BEFORE SHRI R.S.SYAL, AM AN D SHRI R.S.PADVEKAR, JM ITA NO.1501/MUM/2010 : ASST.YEAR 1998-99 M/S.DIAMOND TILES C/O.SHRI RAJNIKANT P.VORA 11-12-C SHIV SAGAR BUILDING SHIVAJI PARK ROAD NO.5 MAHIM, MUMBAI 400 016. PAN :AAAFD3385M. VS. THE INCOME TAX OFFICER WARD 17(1)(2) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SHRI R.K.JALANI O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 15.12.2009 IN RELATI ON TO THE ASSESSMENT YEAR 1998-99. 2. THIS APPEAL WAS FIXED FOR HEARING ON 27.06.2011. HOWEVER, DESPITE NOTICE, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR HAS IT MOVED ANY APPLICATION FOR ADJOURNMENT. IT IS, THEREFORE, PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. ACCORDINGLY, BY A PPLYING THE RATIO LAID DOWN BY THE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P.) LTD. [(1991) 38 ITD 320], WE DISMISS THIS APPEAL FILED BY THE A PPELLANT-ASSESSEE AS NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 30 TH DAY OF JUNE, 2011. SD/- SD/- ( R.S.PADVEKAR ) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 30 TH JUNE, 2011. DEVDAS*` ITA NO.1501/MUM/2010 M/S.DIAMOND TILES. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - XXIX, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.