NIKITA PROPERITES LTD, MUMBAI V. ACIT 2(2)3, MUMBAI

ITA 3491/MUM/2010

• Counselvise Citation: 349119914 RSA 2010
• Duration Of Justice: 1 year(s) 4 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 11-02-2013
• Assessment Year: 2004-2005
• Appeal Filed On: 03-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: P C MAURYA
• Section: 144

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, MUMBAI. BEFORE SHRI D.MANMOHAN, VICE PRESIDENT AND PRAMOD KUMAR, ACCOUNTANT MEMBER I.T.A NO.3491/ MUM/2010 ASSESSMENT YEAR: 1994-95 NIKITA PROPERTIES LTD. .. APPELLANT 310, GUNDECHA CHAMBERS, N.M.ROAD, FORT, MUMBAI-400023 PA NO.AAACN 3302 R VS ACIT, 2(2)(3) .. RESPONDEN T AAYAKAR BHAVAN, M.K. ROAD, MUMBAI. APPEARANCES: NONE, FOR THE APPELLANT P.C. MAURYA, , FOR THE RESPONDENT DATE OF HEARING : 28..9.2011 DATE OF PRONOUNCEMENT : 28 -09-2011 O R D E R PER PRAMOD KUMAR: 1. BY WAY OF THIS APPEAL, THE ASSESSEE HAS CALLED INTO Q UESTION CORRECTNESS OF CIT(A)S ORDER DATED 21.8.2009, IN THE MATTER OF ASSESSM ENT UNDER SECTION 144 R.W.S. 254 OF THE INCOME TAX ACT, 1961, FOR THE ASSESSMENT Y EAR 1994-95. I.T.A NO.3491/ MUM/2010 ASSESSMENT YEAR: 1994-95 2 2. IN THIS CASE, THE HEARING WAS FIXED FOR 28.7.2011. AT THE REQUEST OF ASSESSEES COUNSEL, THE HEARING WAS ADJOURNED TO 28.9.2011 AND B OTH THE PARTIES WERE INFORMED. HOWEVER, ON 28.9.2011, WHEN THE MATTER W AS CALLED ON FOR HEARING, THERE WAS NO RESPONSE FROM THE SIDE OF THE ASSESSEE NOR ANY APPLI CATION FOR ADJOURNMENT PLACED ON RECORD. IN VIEW OF THIS, WE INFER THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL BEFORE THE TRIBUNAL. ACCORDIN GLY, WE DISMISS THE APPEAL IN LIMINE . 3. IN THE RESULT, APPEAL IS DISMISSED FOR WANT OF PROSECU TION. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARI NG. SD/- (D.MANMOHAN) VICE PRESIDENT SD/- (PRAMOD KUMAR) ACCOUNTANT MEMBER MUMBAI, DATED 28 TH SEPTEMBER, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),II MUMBAI 4. COMMISSIONER OF INCOME TAX, 2, MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH B MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI