M/s. Mansa Polyster Pvt.Ltd., Surat V. The Income tax Officer,Ward-1(3), Surat

ITA 2116/AHD/2010

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 2107 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 10 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-05-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 23-04-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 21-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

, , IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, AHMEDABAD BEFORE SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER AND SHRI D.K. SRIVASTAVA, ACCOUNTANT MEMBER ./ I.T.A. NO.2116/AHD/2010 ( / ASSESSMENT YEAR : 2007-08) M/S.MANSA POLYESTER P.LTD. 4019, TRADE HOUSE RING ROAD, SURAT / VS. THE ITO WARD-1(3) SURAT ./ ./ PAN/GIR NO. : AABCM 6320 K ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : -NONE- / RESPONDENT BY : SHRI RAJESH KUMAR, SR.D.R. / DATE OF HEARING : 23/04/2013 !'# / DATE OF PRONOUNCEMENT : 10/5/13 $% / O R D E R PER SHRI MUKUL KR. SHRAWAT, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE ARISING F ROM THE ORDER OF THE LEARNED CIT(APPEALS)-I, SURAT DATED 09/04/201 0 PASSED FOR ASSESSMENT YEAR 2007-08 AS PER THE FOLLOWING GROUN DS:- ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE, AS WELL AS LAW ON THE SUBJECT, [1] THE LEARNED A.O. ERRED IN MAKING ADDITION OF R S.16,56,588/- TREATING THE SUNDRY CREDITORS AS UNEXPLAINED. [2] THE LEARNED A.O. ERRED IN MAKING ADDITION OF R S.2,00,000/- TREATING THE DIFFERENCE IN OPENING BALANCE OF M/S.M ANSA SYNTHETICS PVT.LTD. ONE OF THE SISTER CONCERN. ITA NO.2116/AHD /2010 M/S.MANSA POLYESTER P.LTD. VS. ITO ASST.YEAR - 2007-08 - 2 - [3] THE LEARNED CIT(A)-I, SURAT FAILED IN APPRECIA TING THE FACTS OF THE CASE AND SUBMISSION FILED AND THEREBY CONFIRMED THE ADDITIONS MADE BY THE LEARNED A.O. 2. N OTICE HAS BEEN ISSUED ON 13/02/2013 FIXING THE DATE OF HEARING ON 23/04/2013 WHICH WAS SENT THROUGH REGISTERED POS T (A.D.) TO THE ASSESSEE (AS PER EVIDENCE ON RECORD R RG 04371 028 5 IN) WHICH WAS RETURNED BY THE POSTAL AUTHORITIES WITH THE REM ARK LEFT. THE ASSESSEE HAS NOT INFORMED THE CHANGE OF ADDRESS, IF ANY, ALTHOUGH IT WAS THE DUTY OF THE APPELLANT. UNDER THE CIRCUMSTA NCES, WE HAVE NO OPTION BUT TO DISMISS THIS APPEAL SINCE THE ASSESSEE IS NOT INTERESTED IN PURSUING WITH ITS APPEAL. THEREFORE, IN VIEW OF HON'BLE MADHYA PRADESH HIG H COURT DECISION IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA VS. CWT (1997) 223 ITR 480 (M.P.) AND OF HON'BLE DELHI TRIBUNAL DECISION IN THE CASE OF CIT VS. MULTIPLAN INDIA (PVT.) LTD. 38 ITD 320 (DE LHI) , WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE . 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. SD/- SD/- ( D.K. SRIVASTAVA ) ( MU KUL KR.SHRAWAT) ACCOUNTANT MEMBER JUDICIAL MEM BER AHMEDABAD; DATED 10/ 5 /2013 &.., .(../ T.C. NAIR, SR. PS SIGNATURES OF THE NOMINATED MEMBERS SD/- SD/- (AKG) (MKS) ITA NO.2116/AHD /2010 M/S.MANSA POLYESTER P.LTD. VS. ITO ASST.YEAR - 2007-08 - 3 - !'#$ %$' / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ) *+ , / CONCERNED CIT 4. , () / THE CIT(A)-I, SURAT 5. /01 ((*+, *+#, 23$)$ / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. & ' / BY ORDER, / ( //TRUE COPY// (/& )* ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD 1. DATE OF DICTATION DATED 23/04/13 (COPIED MATTER) 2. DATE ON WHICH THE TYPED DRAFT IS PLACED BEFORE THE DICTATING MEMBER 23.4.13 OTHER MEMBER 3. DATE ON WHICH THE APPROVED DRAFT COMES TO THE SR.P. S./P.S.. 4. DATE ON WHICH THE FAIR ORDER IS PLACED BEFORE THE D ICTATING MEMBER FOR PRONOUNCEMENT 5. DATE ON WHICH THE FAIR ORDER COMES BACK TO THE SR.P .S./P.S13.5.13 6. DATE ON WHICH THE FILE GOES TO THE BENCH CLERK 13.5.13 7. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK . 8. THE DATE ON WHICH THE FILE GOES TO THE ASSISTANT RE GISTRAR FOR SIGNATURE ON THE ORDER.. 9. DATE OF DESPATCH OF THE ORDER