MAHINDRA INFRASTRUCTURAL PROJECTS P. LTD, MUMBAI V. ACIT 6(3), MUMBAI

ITA 1564/MUM/2010

• Counselvise Citation: 156419914 RSA 2010
• Duration Of Justice: 1 year(s) 9 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 01-12-2011
• Assessment Year: 1999-2000
• Appeal Filed On: 26-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MRS REENA JHA TRIPATHI
• Section: 143(3)

Judgement Text

ITA NO 1564 OF 2010 MAHINDRA INFRASTRUCTURAL PROJECTS PVT LTD MUMBAI PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 1564/MUM/2010 (ASSESSMENT YEAR: 1999-2000) MAHINDRA INFRASTRUCTURAL PROJECTS ASSTT. COMMISSIONER OF (P) LTD., 5 TH FLOOR, INCOME-TAX 6(3) MAHINDRA TOWERS, WORLI AAYKAR BHAVAN, MK MARG MUMBAI 400018 VS MUMBAI 400020 PAN AAACM 3575 B APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: MRS. REENA JHA TRIPATHI, DR DATE OF HEARING: 01/12/2011 DATE OF PRONOUNCEMENT: 16/12/2011 O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL FILED BY THE ASSESSEE ON 26.02.2010 AGA INST THE ORDER OF THE LEARNED CIT(A)-12 MUMBAI DATED 21.10.2 008 UNDER SECTION 143(3) R.W.S. 254. 2. THE APPEAL WAS FIXED FOR HEARING ON 2.12.2010, B UT ADJOURNED TO 08.02.2011, 02.05.2011, 12.07.2011, AND 19.09.11 . AS THE BENCH DID NOT FUNCTION ON THE DATES OF HEARING. T HE CASE WAS AGAIN FIXED FOR HEARING ON 01.12.2011 AND NO ONE AP PEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATIO N OR REQUEST FOR ADJOURNMENT. IT THEREFORE APPEARS TO US THAT THE AS SESSEE IS NOT SERIOUS ABOUT PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (DEL), AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 (MP), AND F URTHER THE ITA NO 1564 OF 2010 MAHINDRA INFRASTRUCTURAL PROJECTS PVT LTD MUMBAI PAGE 2 OF 2 DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17. 09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRA L EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THIS APPEAL AS UN-ADMITT ED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH DECEMBER, 2011. SD/- SD/- (D K AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER VNODAN/SPS MUMBAI, DATED 16 TH DECEMBER, 2011. COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, J BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI