SUNRISE DAIRY FARM, MUMBAI V. ADDL CIT 24(3), MUMBAI

ITA 2333/MUM/2010

• Counselvise Citation: 233319914 RSA 2010
• Duration Of Justice: 1 year(s) 4 month(s) 26 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 04-08-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 24-03-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: A K NAYAK
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'F' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 2333/MUM/2010 (ASSESSMENT YEAR: 2006-07) M/S. SUNRISE DAIRY FARM ADDL. CIT - 24(3) C/O ABDUL AZIZ NOORMOHD. BANDRA KURLA COMPLEX 1ST FLOOR, ROOM NO. 4, FARHAT MAHAL VS. BANDRA (E), MUMBAI GOREGAON (W), MUMBAI 400062 PAN - AAFPS 7265 N APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI A.K. NAYAK DATE OF HEARING: 04.08.2011 DATE OF PRONOUNCEMENT: 19.08.2011 O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 24.03 .2010 AGAINST THE ORDER OF THE LEARNED CIT(A) XXXIV, MUMBAI DATED 20. 10.2010 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FO R A.Y. 2006-07. 2. THIS APPEAL WAS FIXED FOR HEARING ON 20.01.2011 BUT ADJOURNED TO 17.03.2011 AT THE REQUEST OF THE LEARNED COUNSEL VI DE LETTER DATED 17.01.2011. HEARING WAS AGAIN ADJOURNED TWICE DUE T O NON-FUNCTIONING OF THE BENCH ON 17.03.2011 AND 23.05.2011. FINALLY, WH EN THE APPEAL WAS TAKEN UP FOR HEARING ON 04.08.2011 NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST F OR ADJOURNMENT. IT THEREFORE APPEARS TO US THAT THE ASSESSEE IS NOT SE RIOUS ABOUT PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TR IBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., REPORTED IN 38 IT D 320 (DEL), AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT I N THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 (MP), AND FURTHER THE DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE ITA NO. 2333/MUM/2010 M/S. SUNRISE DAIRY FARM 2 CASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRA L EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THIS APPEAL AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH AUGUST 2011. SD/- SD/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED: 19 TH AUGUST 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXXIV, MUMBAI 4. THE CIT XXIV, MUMBAI CITY 5. THE DR, F BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.