M/S. TOWER CAPITAL & SECURITIES PVT. LTD, MUMBAI V. THE DCIT 4(2), MUMBAI

ITA 2789/MUM/2007

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 4501 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 09-11-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 10-04-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D SONGATE

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI `E BENCH BEFORE SHRI D.MANMOHAN (VICE PRESIDENT) & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.2789/MUM/2007 - A.Y 2003-04 M/S TOWER CAPTIAL & SECURITIES PVT.LTD., ABAN HOUSE, 2 ND FLOOR, 25/31, ROPEWALK LANE, OFF. K.DABHASH MARG, FORT, MUMBAI 400 023 PAN: AAACT 2154 M VS. DY. COMMISSIONER OF I.T. 4(2), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI D.SONGATE. O R D E R PER T.R.SOOD, AM: 2. IN THIS CASE EARLIER THE APPEAL WAS DISMISSED IN L IMINE ON 18-8-2009 WHICH WAS LATER ON RECALLED AND THE SAME WAS FIXED FOR 5-4- 2010. ON THAT DATE THE CASE GOT ADJOURNED TO 2-6-20 10 AND ON THAT DATE THE LEARNED AUTHORISED REPRESENTATIVE WANTED T IME TO FILE A PAPER BOOK AND THE CASE WAS AGAIN ADJOURNED TO 27-7 -2010. NONE APPEARED ON THAT DATE AND THE CASE WAS ADJOURNED FO R WANT OF TIME AGAIN TO 29-9-2010. TODAY AGAIN NONE APPEARED ON BE HALF OF THE ASSESSEE. THEREFORE, WE ARE LEFT WITH NO OPTION BUT TO DISMISS THE APPEAL IN LIMINE, FOLLOWING THE DECISION OF THE I.T .A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320) (DEL.) AND THE JU DGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LA TE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 480(MP). HENCE, THE AP PEAL FILED BY THE 2 ASSESSEE IS DISMISSED AS UNADMITTED FOR WANT OF PRO SECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 29 TH DAY OF SEPTEMBER, 2010. SD/- SD/- (D.MANMOHAN) (T.R.SOOD) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI: SEPTEMBER, 2010. P/-*