M/S. SANJAY R. CHAUHAN, MUMBAI V. THE ADDL CIT RG 23(1), MUMBAI

ITA 2625/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1093 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 15-07-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 15-04-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARIGOVIND SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI PRAMOD KUM AR ,(AM) ITA NO.2625/MUM/2008 ASSESSMENT YEAR : 2004-05 SHRI SANJAY R. CHAUHAN A/1/3 RITA DOMNIC DMELLO CHAWL K.V. ROAD, BHANDUP(E) MUMBAI. ..( APPELLANT ) P.A. NO. (ACZPC 2410 R) VS. ADDL. COMMISSIONER OF INCOME TAX RANGE 23(1) C-10, 1 ST FLOOR, PRATYAKSHAKAR BHAVAN BANDRA KURLA COMPLEX, BANDRA (E) MUMBAI-400 051. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI HAR I GOVIND SINGH O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 11.2.2008 PASSED BY THE LD. CIT(A) FOR TH E ASSESSMENT YEAR 2004-05. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNMENT OF TH E CASE DESPITE THE FACT THAT THE NOTICE FIXING THE CASE FOR HEARING FO R 15.7.2010 WAS ITA NO.2625/M/08 A.Y:04-05 2 DULY SERVED UPON THE ASSESSEE AS PER A.D. CARD AVAILABLE O N RECORD. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE THE A PPEAL. HENCE, FOLLOWING THE DECISION OF THE TRIBUNAL DELHI BEN CH IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED REPORTED IN 38 ITD 3 20, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS UNADMITTED FOR WANT OF PRO SECUTION. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO APPROAC H 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 ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 16.7.2010. SD/- SD/- (PRAMOD KUMAR) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 16.7.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. ITA NO.2625/M/08 A.Y:04-05 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 15.7.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 15.7.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 15.7.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 20.7.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER