SANGHVI BUILDERS & ASSOCIATES, MUMBAI V. ITO WD 22(2)(3), NAVI MUMBAI

ITA 2992/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1790 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-06-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2006-2007
• Appeal Filed On: 08-05-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ANKUR GARG

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH: MUMBAI BEFORE SHRI D MANMOHAN, VICE PRESIDENT AND SHRI PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO 2992/MUM/2009 (ASSESSMENT YEAR: 2006-07) M/S SANGHVI BUILDERS & ASSOCIATES , 23, KAILASH NAGAR, M G ROAD, GHATKOPAR (E), MUMBAI -400 077 PAN: AAAFS 6393 J VS INCOME TAX OFFICER - 22(2)(3), VASHI, NAVI MUMBAI APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI ANKUR GARG ORDER PER PRAMOD KUMAR 1. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED CIT(A)- XXII MUMBAI DATED 25.02.2009 FOR THE ASSESS MENT YEAR 2006-07. 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 07. 06.2010, NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APP LICATION SEEKING ADJOURNMENT OF THE SAID HEARING IS FILED DESPITE TH E FACT THAT ASSESSEE WAS INFORMED WITH REGARD TO THE SAID HEARING. IT APPEA RS THAT THE ASSESSEE THUS IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. CONSIDERING THE FACTS NARRATED ABOVE AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320)(DEL) AND BY HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480)(MP) ITA 2992/M/2009 M/S SANGHVI BUILDERS & ASSOCIATES 2 THIS APPEAL OF THE ASSESSEE IS TREATED AS UNADMITTE D AND DISMISSED FOR NON- PROSECUTION. THE ASSESSEE IF SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE REASONS FOR NON-COMPLIANCES AND FOR RECALLING THIS ORDER AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER MAY BE R ECALLED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED IN THE OPEN COURT TODAY ON THE 7T H JUNE 2010. SD/- (D MANMOHAN) VICE PRESIDENT SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATE: 10TH JUNE 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-XXII, MUMBAI. 4) THE CIT - 22, MUMBAI. 5) THE D.R. E BENCH, ITAT, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T., MUMBAI ITA 2992/M/2009 M/S SANGHVI BUILDERS & ASSOCIATES 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 08.6.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 09.6.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/A M 5 APPROVED DRAFT COMES TO THE SR.PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER