Profile Infrastructure Pvt.Ltd., Baroda V. The Income tax Officer,Ward-4(2), Baroda

ITA 2079/AHD/2010

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 9939 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 07-09-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 17-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K JHA SRDR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH SMC AHMEDABAD BEFORE SHRI MAHAVIR SINGH, JUDICIAL MEMBER ITA NO.2079-2081/AHD/2010 ASSESSMENT YEARS:2004-05 TO 2006-07 DATE OF HEARING:7.9.10 DRAFTED:7.9.10 PROFILE INFRASTRUCTURE PVT. LTD., 41, ZHAVERCHAND PARK, OLD PADRA ROAD, VADODARA PAN NO.AABCP2230P V/S . INCOME TAX OFFICER, WARD-4(2), BARODA (APPELLANT) .. (RESPONDENT) ASSESSEE BY :- NONE REVENUE BY:- SHRI S.K.JHA, SR-DR O R D E R THESE THREE APPEALS BY ASSESSEE ARE ARISING OUT OF THE ORDER OF COMMISSION OF INCOME-TAX (APPEALS)-III, BARODA IN A PPEAL NO. CAB/(A)-III/59- 60 & 172/08-09 BY DIFFERENT DATE I.E. 13-01-2010 AN D 12-01-2010. THE ASSESSMENTS WERE FRAMED BY ITO, WARD-4(2), BARODA U /S.143(3) R.W.S.147 OF THE INCOME-TAX ACT, 1961 (HEREINAFTER REFERRED TO A S THE ACT) VIDE HIS ORDERS DATED 28-11-2008 AND 29-12-2008 FOR ASSESSMENT YEAR S 2004-05 TO 2006-07. 2. I FIND THAT THESE APPEALS WERE FIXED FOR HEARING ON I.E. 07-07-2010, 30-08-2010 AND LAST ON I.E.07-09-2010, BUT NONE PRE SENT ON BEHALF OF THE ASSESSEE NOR FILE ANY ADJOURNMENT PETITION. ACC ORDINGLY, I AM OF THE VIEW THAT THE ASSESSEE IS NOT INTEREST IN PROSECUTI NG THESE APPEALS. THE LD. SR-DR ALSO OBJECTED FOR GIVING FRESH OPPORTUNIT Y TO THE ASSESSEE AS THE REVENUE OF THE DEPARTMENT IS LOCKED IN LITIGATI ON. IN VIEW OF THE ITA NO.2079-2081/AHD/2010 A.YS. 04-05 TO 06-07 PROFILE INFRASTRUCTURE PVT. LTD. V. ITO WD-4(2)BRD PAGE-2 ABOVE, I DISMISS THESE APPEALS BY APPLYING THE DECI SION OF MULTIPLAN (INDIA) (P) LTD., (38 ITD 320) FOR WANT OF PROSECUTION. 3. IN THE RESULT, APPEALS OF THE ASSESSEE ARE DISMISSE D FOR NON- PROSECUTION. ORDER PRONOUNCED IN OPEN COURT ON 07/09/2010 SD/- (MAHAVIR SINGH) (JUDICIAL MEMBER) AHMEDABAD, DATED : 07/09/2010 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)-III, BARODA 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD