WINEVER ENERGY P. LTD, MUMBAI V. ITO 2(3)-4, MUMBAI

ITA 2066/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8061 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 16-03-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 12-03-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: ASHIMA GUPTA

Judgement Text

I.T.A NO.2066/ MUM/2010 WINEVER ENERGY PVT LTD 1 IN THE INCOME TAX APPELLATE TRIBUNAL, G BENCH, MUMBAI. BEFORE SHRI R.V.EASWAR, PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER I.T.A NO.2066/ MUM/2010 ASSESSMENT YEAR: 2005-06 WINEVER ENERGY PVT LTD., .. APPELLANT 6-A, NEW EXCELSIOR BUILDING, WALLACE STREET, FORT, MUMBAI-01. PA NO.AACCA 2951 P VS INCOME TAX OFFICER 2(3)(4) ,. RESPONDEN T AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. APPEARANCES: NONE, FOR THE APPELLANT ASHIMA GUPTA, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER DATED 16 TH DECEMBER, 2009 OF THE CIT (A)-6, MUMBAI FOR THE ASSESSMENT YE AR 2005-06. 2. THE HEARING IN THIS CASE WAS LAST FIXED FOR 5.1. 2011. AT THE REQUEST OF THE ASSESEES COUNSEL, THE HEARING WAS ADJOURNED TO 16.3.2011. H OWEVER, ON 16.3.2011, WHEN THE MATTER WAS CALLED ON FOR HEARING, NO ONE APPEARED ON BEHAL F OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT FILED. IT IS THEREFORE INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL WHICH IS HEREBY DISMISSED FO R NON-PROSECUTION FOLLOWING THE JUDGMENT OF HONBLE BOMBAY HIGH COURT IN THE CASE O F CHEMIPOL V UOI, DATED 17 TH SEPTEMBER, 2009 (BHC) AND ALSO THE DECISION OF DEL HI BENCH OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 (DEL). 3. IN THE RESULT, APPEAL IS DISMISSED FOR WANT OF P ROSECUTION. PRONOUNCED IN THE OPEN COURT ON 16 TH MARCH, 2011 SD/- (R.V.EASWAR) PRESIDENT SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 16 TH MARCH, 2011 I.T.A NO.2066/ MUM/2010 WINEVER ENERGY PVT LTD 2 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),6, MUMBAI 4. COMMISSIONER OF INCOME TAX, 2 , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH G, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO.2066/ MUM/2010 WINEVER ENERGY PVT LTD 3