SEAHOURSE INDIA P.LTD, MUMBAI V. ACIT 1(3), MUMBAI

ITA 3534/MUM/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 5282 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-08-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 15-07-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 29-05-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HEMANT LAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, E BENCH, MUMBAI. BEFORE S/SHRI S.V.MEHROTRA, AM & VIJAY PAL RAO,JM I.T.A NO.3534/MUM/2009 ASSESSMENT YEAR: 2004-05 SEAHOURSE INDIA P.LTD., V. THE ACIT 1 (3), 7 TH FLOOR, ANURAG BUSINESS CENTRE, AAYAKAR BHAVAN, M.K. ROAD, 410,VAMAN TUKARAM PATEL MARG, NEAR MUMBAI. AMAR CINEMA, CHEMBUR, MUMBAI. PA NO.AABCS 8606 G (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY : SHRI HEMANT LAL O R D E R PER S.V.MEHROTRA, AM THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER U/S.263 DATED 30.3.2009 OF LD CIT-I, MUMBAI FOR THE ASSESSMENT YEAR 2004-05. 2. THE CASE WAS LAST FIXED FOR HEARING ON 26.4.2010 . NONE APPEARED ON BEHALF OF THE ASSESSEE. HOWEVER, SINCE THE ASSESSMENT ORDER WAS NOT IN APPEAL FILE AND AT THE ORAL REQUEST OF THE LD D.R. THE HEARING WAS ADJOURN ED TO 15.7.2010. THE BENCH DIRECTED TO ISSUE NOTICE THROUGH RPAD TO THE ASSESSEE ALONG WITH DEFECT MEMO TO FURNISH THE ASSESSMENT ORDER. DESPITE THE SERVICE OF NOTICE ON THE ASSESSEE, ACKNOWLEDGEMENT ON RECORD, NO ONE APPEARED FROM THE SIDE OF THE ASSES SEE ON THE DATE FIXED FOR HEARING. FROM THE ABOVE, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. ACCORDINGLY, WE DISMISS THE SAME IN LIMINE FOR WANT OF PROSECUTION. 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE STAN DS DISMISSED. PRONOUNCED ON 6 TH AUGUST, 2010 SD/- (VIJAY PAL RAO) (JUDICIAL MEMBER) SD/- (S.V. MEHROTRA) (ACCOUNTANT MEMBER) MUMBAI, DATED 6 TH AUGUST, 2010 PARIDA 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. ASST. COMMISSIONER OF INCOME TAX RANGE 1(3) M UMBAI 4. DEPARTMENTAL REPRESENTATIVE, BENCH E, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI 3 DATE INITIALS 1. DRAFT DICTATED ON 15.7.2010 PS 2. DRAFT PLACED BEFORE AUTHOR 15.7.2010 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/J M 5. APPROVED DRAFT COMES TO THE SR. PS PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER 4