ANKUR DRUGS AND PHARMA LTD, MUMBAI V. DCIT RG 8(1),

ITA 3601/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2246 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 11 month(s) 6 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-04-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 29-04-2010
• Assessment Year: 2003-2004
• Appeal Filed On: 23-05-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KESHAVE SAXENA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H, MUMBAI BEFORE SHRI SHRI A.L. GEHLOT, A.M. & SHRI V. DURGA RAO, J.M. ITA NOS. 3601 & 3602/M/2008 ASSESSMENT YEARS: 2003-04 & 2004-05 M/S ANKUR DRUGS & PHARMA LTD. APPELLANT 20 TH FLOOR, LOTUS BUSINESS PARK, OFF. ANDHERI LINK ROAD, ANDHERI WEST, MUMBAI 400 053 (PAN AAACA2062M) VS. DY. COMMISSIONER OF INCOME-TAX, RESPONDENT RANGE 8(1), MUMBAI. APPELLANT BY : NONE RESPONDENT BY : MR. KESHAVE SAXENA ORDER PER BENCH: BOTH THESE APPEALS FILED BY THE ASSESSEE ARE DIREC TED AGAINST THE ORDERS OF CIT(A)-IV, MUMBAI, PASSED ON 10.03.2008 FOR THE ASSESSMENT YEARS 2003-04 AND 2004-05. 2. ON PERUSAL OF RECORD, WE FIND THAT THESE APPEALS ARE ADJOURNED ON SIX OCCASIONS FROM THE PERIOD 2.6.09 TO 17.3.2010 D UE TO SOME OR THE OTHER REASONS, WHICH ARE MAINLY, ON THE ADJOURNMEN T REQUESTS OF THE ASSESSEE. WHEN THESE APPEALS ARE FIXED FINALLY ON 2 9.04.10, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR THERE WAS A DJOURNMENT REQUEST BY THE ASSESSEE. IT APPEARS THAT THE ASSESSEE IS NO T INTERESTED IN PROSECUTING THESE APPEALS. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LT D., (38 ITD 320) AND MADHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THESE APPEALS OF THE ASSESSEE FOR WANT OF P ROSECUTION. 3. MOREOVER, THE ASSESSEE PAID APPEAL FEES LESS BY RS. 9,500/- IN BOTH THE APPEALS. ITA NOS. 3601 & 3602/M/08 M/S ANKUR DRUGS AND PHARMA LTD. 2 4. IN THE RESULT, BOTH THESE APPEALS ARE DISMISSED IN-LIMINE. PRONOUNCED IN OPEN COURT ON THE DATE OF HEARING ON 29 TH DAY OF APRIL, 2010. SD/- SD/- (V. DURGA RAO) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED: 29 TH APRIL, 2010. COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, H BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON 29.4.10 SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR 29.4.10 SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER