TRIMURTI CONSTRUCTION CO., THANE V. ITO WD 3(4), THANE

ITA 285/MUM/2011

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 3252 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 2 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-04-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 24-06-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 12-01-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI R S SYAL, AM & SHRI SANJAY GARG, JM ITA NO.: 285/MUM/2011 ASSESSMENT YEAR: 2007-08 TRIMURTI CONSTRUCTION CO., VS. THE ITO WD 3(4), GR. FLOOR, VAISHNAVI DHAM COMPLEX, THANE. BEHIND RAJ LAXMI PARK, KALWA, THANE 400 605 PAN: AACFT3964C ( APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI RAJARSHI DWIVEDY DATE OF HEARING : 01.04.2013 DATE OF PRONOUNCEMENT : 01.04.2013 ORDER PER SANJAY GARG, JM : THIS APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) DATED 30.10.2010 PERTAINING TO A.Y 2007-08. 2. THE NOTICE FIXING THE APPEAL FOR HEARING ON 01.0 4.2013 HAD BEEN SENT BY REGISTERED POST TO THE ASSESSEE AT THE ADDRESS MENTIONED IN COLUMN NO.10 OF FORM NO.36. THIS NOTICE HAS HOWEVER BEEN RETURNED BY THE POSTAL AUTHORITIES. T HE ASSESSEE HAS NOT PROVIDED ANY NEW ADDRESS TO WHICH THE NOTICE CAN BE SENT. TODAY WHEN THE APPEAL WAS CALLED UP FOR HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE. ANY APPLICATIO N FOR ADJOURNMENT HAS ALSO NOT BEEN FILED. IT CAN THEREFORE BE CONCLUDED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. FOLLOWING THE DECISION OF THE HONBLE SUPREME COURT IN THE CASE OF B.N.BHATACHARJEE AND ANR. ITA NO.285/M/2011 AY: 2007-08 2 (118 ITR 461) AND THAT OF THE HONBLE BOMBAY HIGH C OURT IN THE CASE OF CHEMIPOL V. UNION OF INDIA IN EXCISE APPEAL NO.62/2009, WE DISMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS HEREBY DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST APRIL 2013. SD/- SD/- (R S SYAL) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT : 1 ST APRIL, 2013 SA COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T. CONCERNED MUMBAI 4. CIT (A) CONCERNED MUMBAI 5. THE DR, E - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI