WINSTON CHARLES FERNANDES, MUMBAI V. ITO 19(3)-3, MUMBAI

ITA 1771/MUM/2009

• Counselvise Citation: [2009] 115 COUNSELVISE.COM (IT) 2599 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 29 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-12-2009
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 22-04-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 18-03-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MOHAMMED USMAN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL G BENCH, MUMBAI. BEFORE SHRI R.V.EASWAR, SR.V.P. AND SHRI B.RAMAKO TAIAH, AM I.T.A. NO.1771/MUM/2009 (ASSESSMENT YEAR :2005-06) WINSTON CHARLES FERNANDES, FLAT NO.6, 2 ND FLOOR, CHARLES VILLE OPP.PROFESSOR ALMEDIA PARK, 8/5 TH ROAD, BANDRA(W), MUMBAI-400 050. PAN:AAJPF2322E VS. THE INCOME TAX OFFICER 19(3)-3 AAYAKAR BHAVAN, R.NO.545, M.K.ROAD, MUMBAI-400 020. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MR. MOHAMMED USMAN, DR O R D E R PER R.V.EASWAR, SENIOR VICE PRESIDENT: NOTICE POSTING THE APPEAL AND SENT TO THE ASSESSEE BY RPAD HAS BEEN RE TURNED UNSERVED BY THE POSTAL AUTHORITIES WITH THE REMARK INTIMATION POSTED WHICH BEARS THE DATE 23.11.2009. THE ASSESS EE HAS NOT APPARENTLY PAID ATTENTION TO THE INTIMATION AND HAS NOT CHOSEN TO APPEAR BEFORE US AND PROSECUTE THE APPEAL. IT I S THEREFORE INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PUR SUING THE APPEAL. THE SAME IS ACCORDINGLY DISMISSED AS UNADMI TTED FOLLOWING THE ORDER OF THE DELHI BENCH OF THE TRIBU NAL IN THE CASE OF MULTIPLAN INDIA (P) LTD., 38 ITD 320. ORDER PRONOUNCED IN THE COURT ON 17 TH DECEMBER, 2009. SD/- (B.RAMAKOTAIAH) SD/- ( R.V.EASWAR ) ACCOUNTANT MEMBER SENIOR VICE PRESIDENT MUMBAI, DATED 17 TH DECEMBER, 2009. SOMU ITA NO.1771/MUM/09 2 COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-19, MUMBAI. 4. THE CIT(A)-XIX, MUMBAI 5. THE DR G BENCH /TRUE COPY/ BY ORDE R ASSTT. REGISTRAR, I.T.A.T, MUMBAI