M/S. MIZUHO CORPORATE BANK LTD, MUMBAI V. THE DDIT (IT), MUMBAI

ITA 324/MUM/2008

• Counselvise Citation: 32419914 RSA 2008
• Duration Of Justice: 3 year(s) 8 month(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 14-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 14-09-2011
• Assessment Year: 2004-2005
• Appeal Filed On: 14-01-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JITENDRAYADEV

Judgement Text

1 ITA NO.323 & 324/M UM/2008 MIZUHO CO RPORATE BANK LTD.. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI L BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI D K AGRAWAL, JM & SHRI R K PANDA, AM ITA NO. 323 & 324/MUM/2008 (ASST YEARS 2002-03 & 2004-05) MIZUHO CORPORATE BANK LTD., FIRST FLOOR, MAKER CHAMBER III, NARIMAN POINT, MUMBAI 400 021. VS DY. DIRECTOR OF INCOME TAX, INTERNATIONAL TAXATION, SCINDIA HOUSE, BALLARD PIER, MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AADCMO940P A SSESSEE BY NONE REVENUE BY SHRI JITENDRAYADEV DATE OF HEARING 14.09.2011 DATE OF PRONOUNCEMENT 14.09.2011 PER BENCH THE ABOVE TWO APPEALS FILED BY THE ASSESSEE ARE DIR ECTED AGAINST SEPARATE ORDERS DATED 28.9.2007 OF THE CIT(A)- XXXI I, MUMBAI RELATING TO ASSESSMENT YEARS 2002-03 & 2004-05 RESPECTIVELY. 2 NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE NAME OF THE ASSESSEE WAS CALLED AT THE TIME OF HEARING NOR ANY ADJOURNMENT PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED FROM THE ASSESSEE. THIS TYPE OF CONDUCT ON THE PART OF THE ASSESSEE SHOWS THAT IT I S NOT INTERESTED IN PROSECUTING THE APPEALS FILED BY IT. ACCORDINGLY, WE DISMISS THESE APPEALS AS NOT ADMITTED BY FOLLOWING THE DECISIONS OF THE H ONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS CWT(223 ITR 480(MP) AND BY THE DELHI BENCH OF THE TRIBUNAL IN T HE CASE OF CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320 (DEL). 2 ITA NO.323 & 324/M UM/2008 MIZUHO CO RPORATE BANK LTD.. 3 HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATI ON CAN SATISFY THE TRIBUNAL FOR SUCH NON APPEARANCE ON THE DATE OF HEA RING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THIS ORDER. 4 IN THE RESULT, THE APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 14.9.2011. SD/- SD/- ( D K AGRAWAL ) JUDICIAL MEMBER ( R K PANDA ) ACCOUNTANT MEMBER PLACE: MUMBAI : DATED: 14.9.2011 RK COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT, CITY -6, MUMBAI 4 CIT(A) -12, MUMBAI 5 DR BENCH G 6 MASTER FILE /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI 3 ITA NO.323 & 324/M UM/2008 MIZUHO CO RPORATE BANK LTD.. 1 DRAFT DICTATED ON 14.9.2011 SR PS 2 DRAFT PLACED BEFORE AUTHOR ON 14.9.2011 SR PS 3 DRAFT PROPOSED & PLACE BEFORE THE 2 ND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY 2 ND MEMBER JM/AM 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 ON WHICH FILE GOES TO THE AR 10 DATE OF DESPATCH SR PS