Sri. KULVINDER SINGH BAINS, ULHASNAGAR V. CIT APPEALS,

ITA 2042/MUM/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7361 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 11-03-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 09-03-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIKRAM GAUR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI A.L. GEHL OT ,(AM) ITA NO.2042/MUM/2007 ASSESSMENT YEAR : 2003-04 KULVINDER SINGH BAINS SHOP NO.5, PLOT NO.A-7, MADHURVELLA APTS., NEAR C BLOCK GURUDWARA ULHASNAGAR-421001. ..( APPELLANT ) P.A. NO. (AATPB 6770 F) VS. DY. COMMISSIONER OF INCOME TAX CIRCLE-2 KALYAN. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI V IKRAM GAUR O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 22.12.2006 PASSED BY THE LD . CIT(A)-II, THANE FOR THE ASSESSMENT YEAR 2003-04. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHAL F OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNM ENT OF THE CASE DESPITE THE FACT THAT THE DATE OF HEARING FIXI NG THE CASE FOR 11.3.2010 WAS DULY NOTED BY THE ASSESSEE. IT A PPEARS ITA NO.2042/M/07 A.Y:03-04 2 THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE THE A PPEAL. HENCE, FOLLOWING THE DECISION OF THE TRIBUNAL DELH I BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED REPORTE D IN 38 ITD 320, THE APPEAL FILED BY THE ASSESSEE IS TREATE D AS UNADMITTED FOR WANT OF PROSECUTION. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVEN TED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, THE ASSESSEES APPEAL STANDS DISM ISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 18.3.2010. SD/- SD/- (A.L. GEHLOT) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUD ICIAL MEMBER MUMBAI, DATED: 18.3.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. ITA NO.2042/M/07 A.Y:03-04 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 11.3.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 11.3.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 18.3.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 18.3.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER