Mascon Global Ltd, Haryana V. ACIT Co Cle IV (1), CHENNAI

ITA 2339/CHNY/2012

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 1120 (ITAT-CHENNAI)
• Duration Of Justice: 2 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-03-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Assessment Year: 2008-2009
• Appeal Filed On: 28-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Transfer pricing

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI VIKAS AWASTHY, JUDICIAL MEMBER ITA NO.2339/MDS/2012 (ASSESSMENT YEAR : 2008-09) M/S. MASCON GLOBAL LTD. 849, UDYOG VIHAR-V, GURGAON, HARYANA-122 016. PAN:AAACA0666K VS. ASSISTANT COMMISSIONER OF INCOME TAX, COMPANY CIRCLE-IV(1), 121, M.G.ROAD, CHENNAI-600 034. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MR.SHAJ I P.JACOB, ADDL. CIT DATE OF HEARING : 18 TH MARCH, 2013 DATE OF PRONOUNCEMENT : 18 TH MARCH, 2013 O R D E R PER VIKAS AWASTHY, JM: THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST ASSESSMENT ORDER DATED 18.10.2012 PASSED ON THE BAS IS OF DIRECTIONS OF DRP., CHENNAI . 2. THE APPEAL WAS FIXED FOR HEARING TO-DAY I.E. 18.03.2013, REGARDING WHICH NOTICE OF HEARING WAS S ENT TO THE ASSESSEE BY REGISTERED POST WITH AD. THE SAME WAS DULY SERVED ON THE ASSESSEE ON 04.1.2013, AS IS EVIDENT FROM THE POSTAL ACKNOWLEDGEMENT CARD PLACED ON RECORD. DESP ITE NOTICE, AT THE TIME OF HEARING, NONE APPEARED ON BE HALF OF THE ITA NO.2339/MDS/2012 2 ASSESSEE, NOR ANY REQUEST FOR ADJOURNMENT WAS RECEI VED. THE REGISTRY HAS ISSUED A DEFECT MEMO TO THE ASSESS EE TO FILE COPY OF THE ORDER OF TRANSFER PRICING OFFICER, WHICH HAS NOT YET COMPLIED WITH. FURTHER, A PERUSAL OF THE RECOR DS SHOW THAT EVEN BEFORE THE DRP NONE HAD APPEARED ON BEHALF OF THE ASSESSEE. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DELHI BENCH IN THE CASE OF CIT V. MULTIPLAN I NDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON 'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL FOR WA NT OF PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ON MONDAY, THE 18 TH DAY OF MARCH, 2013 AT CHENNAI. SD/- SD/- (DR. O.K.NARAYANAN) (VIKAS AWASTHY) VICE-PRESIDENT JUDICIAL MEMBER CHENNAI, DATED THE 18 TH MARCH, 2013. SOMU ITA NO.2339/MDS/2012 3 COPY TO: (1) APPELLANT (4) CIT(A) (2) RESPONDENT (5) D.R. (3) CIT (6) G.F.