SAJID NADIADWALA, MUMBAI V. ITO (TDS) 3(2), MUMBAI

ITA 2312/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71406 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-10-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 14-10-2013
• Assessment Year: 2005-2006
• Appeal Filed On: 09-04-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PITAMBAR DAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH E, MUMBAI BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO. 2312/MUM/2012 ASSESSMENT YEAR: 2005-06 MR. SAJID NADIADWALA PROP: NADIADWALA GRANDSON ENTERTAINMENT, NADIADWALA VILLA, OCEAN VIEW CO-OP. HSG. SOCIETY, J.P. ROAD, VERSOVA, ANDHERI (WEST) MUMBAI- 400 061 PAN :AAGPS 5417 D VS. ITO (TDS)-3(2) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : PITAMBAR DAS DATE OF HEARING : 14.10.2013 DATE OF PRONOUNCEMENT : 14.10.2013 O R D E R PER DR. S.T.M. PAVALAN, JM: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD.CIT(A) -14, MUMBAI DATED 27.01.2012 FOR THE ASSESSMENT YEA R 2005-06. 2. IN THIS CASE, ON 18.04.2013, AT THE REQUEST OF T HE ASSESSEE, THE CASE WAS ADJOURNED TO 14.10.2013. HOWEVER, AT THE TIME OF HE ARING TODAY NEITHER ANY ONE HAS APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNM ENT APPLICATION HAS BEEN FILED. IT SEEMS THAT THE ASSESSEE IS NO MORE INTERESTED IN FURTHER PROSECUTION OF THE PRESENT APPEAL. FOLLOWING THE ORDER OF THE DELHI BE NCH OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 (DEL) AND THE JUDGEMENT OF HONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CH EMIPOL VS. UOI, DATED 17 TH SEPTEMBER 2009 (BHC), THE APPEAL OF THE ASSESSEE IS THEREFORE DISMISSED FOR WANT OF PROSECUTION. ITA NO. 2312/MUM/2012 MR. SAJID NADIADWALA ASSESSMENT YEAR: 2005-06 2 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE STANDS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF OCTOBER, 2013. SD/- SD/- (P.M. JAGTAP) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 14.10.2013. *SRIVASTAVA COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR E BENCH //TRUE COPY// BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.