JAGANNATH N JADHAV ( PROP SADGURU ENTERPRISES), NAVI MUMBAI V. DCIT 22(3), MUMBAI

ITA 265/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8735 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-01-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 05-11-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 11-01-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: S K SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH BEFORE SHRI D.K.AGARWAL, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.265/MUM/2010 A.Y 2006-07 JAGANNATH N. JADHAV [PROP. SADGURU ENTERPRISES], B 3, 1 PSADMALAYA CHS, PLOT-B, 107, SECTOR 23, NERUL, NAVI MUMBAI 400 706 PAN: ABTPJ 7096 B VS. DY. COMMISSIONER OF INCOME TAX, 22 (3), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI S.K.SINGH. O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 13/10/2009 OF THE LEARNED COMMISSIONER OF INC OME-TAX (APPEALS)-XXII, MUMBAI AND RELATES TO THE ASSESSMEN T YEAR 2006-07. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON 2/ 3 OCCASIONS BUT WAS ADJOURNED AS THE BENCH DID NOT FUNCTION. T HE CASE WAS FIXED FOR HEARING ON 25/01/2011 AND THE PARTIES WERE INFO RMED THROUGH THE NOTICE BOARD. WHEN THE MATTER WAS CALLED UP FOR HEA RING ON 25/01/2011, NEITHER ANY ONE WAS PRESENT ON BEHALF O F THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL FUR THER. HENCE, FOLLOWING THE DECISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH 2 HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMIS SED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28 TH DAY OF JANUARY, 2011. SD/- SD/- (D.K.AGARWAL) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 28 TH JANUARY, 2011. P/-*