M/s. D.K. Instruments, Baroda V. The Income tax Officer,Ward-2(4), Baroda

ITA 2268/AHD/2010

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 0163 (ITAT-AHMEDABAD)
• Duration Of Justice: 1 month(s) 18 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 25-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2000-2001
• Appeal Filed On: 07-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: K M MAHESH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI, JM AND D.C. AGRAWAL, AM) ITA NO.2268, 2269, 2270, 2271, 2272/AHD/2010 A. Y.: 2000-01, 2002-03, 2003-04, 2004-05 AND 2205-06 M/S. D. K. INSTRUMENTS, C-11, TIRUPATI NAGAR, NEAR UTKARSH SCHOOL, GOTRI ROAD, VADODARA VS THE INCOME TAX OFFICER, WARD 2(4), AAYAKAR BHAVAN, RACE COURSE CIRCLE, BARODA 390 007 PA NO. AAFFD 2920 D (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY SHRI K. M. MAHESH, DR O R D E R PER BENCH: ALL THESE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINST THE COMMON ORDER OF THE LEARNED CIT(A)-II, BARODA DATED 08-04-2010 FOR THE ABOVE ASSESSMENT YEARS CHALLENGI NG THE LEVY OF PENALTY U/S 271 (1) OF THE IT ACT. 2. NOTICE WAS ISSUED TO THE ASSESSEE THROUGH REGIST ERED POST FOR THE DATE OF HEARING. HOWEVER, NONE APPEARED ON BEHALF O F THE ASSESSEE DESPITE NOTIFYING THE DATE OF HEARING TO THE ASSESS EE THROUGH REGISTERED POST. IT APPEARS THAT THE ASSESSEE IS NO MORE INTER ESTED IN PROSECUTING THE APPEAL. THE ASSESSEES APPEAL IS LIABLE TO BE D ISMISSED UN-ADMITTED. WE, THEREFORE, RELYING UPON THE DECISION OF ITAT DE LHI BENCH IN THE CASE OF CIT VS MULTIPLAN INDIA (PVT.) LTD., 38 ITD 320 (DEL), DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE. ITA NOS. 2268, 2269, 2270, 2271 AND 2272/AHD/2010 M/S. D. K. INSTRUMENTS VS ITO W- 2(4), BARODA 2 3. AS A RESULT THE APPEAL OF THE ASSESSEE IS DISMIS SED IN LIMINE ORDER PRONOUNCED IN THE OPEN COURT ON 25-08-2010 SD/- SD/- (D. C. AGRAWAL) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 25-08-2010 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER DY. REGISTRAR, ITAT, AHMEDABAD