NIKUNL B. DAVE, MUMBAI V. ACIT RG 25(3), MUMBAI

ITA 1729/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7277 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-03-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2005-2006
• Appeal Filed On: 17-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA; S S RANA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI R.K.GUPTA, JM AND SHRI R.S.SYAL, AM ITA NO.1729/MUM/2009 : ASST.YEAR 2005-2006 SHRI NIKUL B.DAVE 1008/09 JEEVAN SAPNA, M.G.CROSS ROAD NO.4, KANDVALI (WEST) MUMBAI 400 067. PA NO.ABSPD1316K. VS. THE ASSTT.COMMISSIONER OF INCOME-TAX RANGE 25(3) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : S/SHRI VIRENDRA OJHA & S.S.RANA O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER P ASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 17.01.2009 IN RELATION T O THE ASSESSMENT YEAR 2005- 2006. 2. HEARING OF THIS APPEAL WAS FIXED ON 23.03.2010. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR HAS IT MOVED ANY APPLICA TION FOR ADJOURNMENT, INSPITE OF NOTICE. UNDER THE CIRCUMSTANCES IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS APPEAL. ACCORDINGLY, BY APPLYING TH E RATIO LAID DOWN BY THE DECISION OF THE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P.) LTD. [(1991) 38 ITD 320] , WE DISMISS THE APPEAL FILED BY THE APPELLANT-ASSE SSEE, IN LIMINE. 3. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED ON THIS 24 TH DAY OF MARCH 2010. SD/- SD/- ( R.K.GUPTA ) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT M EMBER MUMBAI : 24 TH MARCH, 2010. DEVDAS* ITA NO.1729/MUM/2009 SHRI NIKUL B.DAVE. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENTS. 3. THE CIT CONCERNED 4. THE CIT(A) - XXV, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.