DANMAL MISHRAMAL MEHTA, MUMBAI V. ITO 19(1)(4), MUMBAI

ITA 3116/MUM/2018

• Counselvise Citation: [2019] 118 COUNSELVISE.COM (IT) 5807 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Assessment Year: 2009-2010
• Appeal Filed On: 11-05-2018
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIJAY KUMAR SONI
• Keywords: Condonation of delay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES SMC, MUMBAI BEFORE SHRI A.K. GARODIA, ACCOUNTANT MEMBER ITA NO. 3116/MUM/2018 ASSESSMENT YEAR : 2009-10 SHRI DANMAL MISHRAMAL MEHTA, E-1/4, BHARAT NAGAR SUPER CINEMA OPP: SHALIMAR, GRANT ROAD, MUMBAI [PAN : AAEPM8951E] VS. INCOME TAX OFFICER-19(1)(4), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI VIJAY KUMAR SONI, DR DATE OF HEARING : 30-01-2019 DATE OF PRONOUNCEMENT : 01-02-2019 O R D E R THIS APPEAL IS FILED BY THE ASSESSEE AND THE SAME IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCO ME TAX(APPEALS)-30 MUMBAI, DATED 28-12-2017 FOR THE AY. 2009-10. 2. AT THE OUTSET, IT WAS NOTICED BY THE BENCH THAT THE APPEAL IS FILED AFTER A DELAY OF 12 DAYS AND DEFECT MEMO WAS ISSUED BY THE REGISTRY OF THE TRIBUNAL TO THE ASSESSEE O N 17-12-2018. IN SPITE OF THIS, THE ASSESSEE HAS NOT MAD E ANY ITA NO. 3116/MUM/2018 : 2 : REQUEST FOR CONDONATION OF DELAY AND THEREFORE, THE DEL AY IN FILING THE APPEAL CANNOT BE CONDONED. AS A CONSEQUENC E, THE APPEAL OF ASSESSEE CANNOT BE ADMITTED TO BE HEARD AND HENCE, THE SAME IS LIABLE TO BE DISMISSED AS UN-ADMITTED. I O RDER ACCORDINGLY. 3. IN THE RESULT, THE APPEAL OF ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 ST DAY OF FEBRUARY, 2019 SD/- (A.K. GARODIA) /ACCOUNTANT MEMBER /MUMBAI; /DATED : 1 ST FEBRUARY, 2019 TNMM ITA NO. 3116/MUM/2018 : 3 : / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT 3. ( ) / THE CIT(A), MUMBAI 4. / CIT, MUMBAI 5. !'# , % '#& , / DR, ITAT, MUMBAI 6. +, - / GUARD FILE ! / BY ORDER, //TRUE COPY// / (DY./ASST. REGISTRAR) % '#&, / ITAT, MUMBAI