SANJAY VADODARIA, MUMBAI V. ITO 25(3)(4), MUMBAI

ITA 1564/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 9344 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-01-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 05-01-2016
• Assessment Year: 2005-2006
• Appeal Filed On: 06-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMOL KAMAT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI T.R. SOOD, AM AND SMT. P. MADHAVI DEVI , JM I.T.A. NO. 1564/MUM/2009 ASSESSMENT YEAR: 2005-06 SHRI SANJAY VADODARIA, 29-B, ROOP KAMAL, 426 S.V. ROAD, KANDIVALI (W), MUMBAI 400 067. PAN: ABPPV 6461 L VS. THE INCOME-TAX OFFICER-25(3)(4), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY :: NONE RESPONDENT BY :: SHRI AMOL KAMAT O R D E R PER T.R. SOOD (AM): THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER DATED 25.11.2008 OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-XX V, MUMBAI AND RELATES TO THE ASSESSMENT YEAR 2005-06. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON 29.01.2010 AND THE NOTICE WAS SENT BY RPAD AT THE ADDRESS GIVEN BY THE ASSESSEE I N FORM NO. 36. WHEN THE MATTER WAS CALLED UP FOR HEARING ON 29.01.2010, NEITHER ANY ON E WAS PRESENT ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS RECEIVED. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE HIS APPEAL FURTHER. HENCE, FOL LOWING 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 HO LKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS UN ADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED ON THIS 29 TH DAY OF JANUARY, 2010. (P. MADHAVI DEVI) (T.R. SOOD ) JUDICIAL MEMBER ACCOUNTANT MEMBR MUMBAI, DATED THE 29 TH JANUARY, 2010. KN ITA NO.1564/M/09 SHRI SANJAY VADODARIA 2 COPY TO: 1. THE ASSESSEE. 2. THE ITO25(3)(4), MUIMBAI 3. THE CIT, MUMBAI CITY 25, MUMBAI 4. THE CIT(A)-XXV, MUMBAI 5. THE DR, E BENCH, MUMBAI BY ORDER /TRUE COPY/ ASST. REGISTRAR, I.T.A.T.MUMBAI S.NO. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 29.01.2010 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 29.01.2010 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/A M 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 29.01.2010 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER