REMEDIA LABORATORIES P. LTD, MUMBAI V. ACIT RG 8(3), MUMBAI

ITA 3652/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1134 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 1 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 13-04-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 26-05-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 3652/MUM/2008 (ASSESSMENT YEAR: 2004-05) M/S. REMEDIA LABORATORIES PVT. LTD. ACIT, RANGE 8(3 ) PLOT NO. 25, MAROL CO-OP INDAL. 2ND FLOOR, AAYAKAR BHAVAN ESTATE, M.G. ROAD, ANDHERI (E) VS. M.K. ROAD, MUMBAI 400020 MUMBAI 400059 PAN - AAACR 1811 R APPELLANT RESPONDENT ITA NO. 3653/MUM/2008 (ASSESSMENT YEAR: 2004-05) M/S. TEXPORT EXIMP PVT. LTD. ACIT, RANGE 8(3) PLOT NO. 25, MAROL CO-OP INDAL. 2ND FLOOR, AAYAKAR BHAVAN ESTATE, M.G. ROAD, ANDHERI (E) VS. M.K. ROAD, MUMBAI 400020 MUMBAI 400059 PAN - AAACT 2639 M APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI JITENDRA YADAV O R D E R PER BENCH THESE APPEALS HAVE BEEN FILED BY THE ASSESSEES ON 2 6.05.2008 AGAINST THE ORDERS OF THE LEARNED CIT(A) XXIX, MUMBAI DATED 11.03.2005 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FOR A.Y. 2004-05. 2. THESE APPEALS WERE FIXED FOR HEARING FROM TIME T O TIME BUT HEARING WAS ADJOURNED AT THE REQUEST OF THE ASSESSEES EXPEC T ON TWO OCCASIONS WHEN THE BENCH DID NOT FUNCTION. FINALLY THIS APPEAL WAS FIXED FOR HEARING BEFORE US ON 28.06.2010 ABOUT WHICH THE PARTIES WERE DULY INFORMED. HOWEVER, ON THE DATE OF HEARING WHEN THIS APPEAL WAS CALLED UPO N FOR HEARING NO ONE APPEARED ON BEHALF OF THE ASSESSEES. THERE IS ALSO NO APPLICATIONS OR REQUESTS FOR ADJOURNMENT. IT THEREFORE APPEARS TO U S THAT THE ASSESSEES ARE NOT SERIOUS ABOUT PURSING THESE APPEALS. HENCE FOLLOWING THE DECISION ITA NO. 3652 & 3653/MUM/2008 M/S. REMEDIA LABORATORIES PVT. LTD. M/S. TEXPORT EXIMP PVT. LTD. 2 OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN IN DIA (P) LTD., REPORTED IN 38 ITD 320 (DEL); AS ALSO THE DECISION OF THE HONB LE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT, REPORTED IN 223 ITR 480 (MP), WE DISMISS THESE APPEALS AS UNADM ITTED FOR WANT OF PROSECUTION BY THE ASSESSEES. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH JULY 2010. SD/- SD/- (R.S. PADVEKAR) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEM BER MUMBAI, DATED: 9 TH JULY 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXIX, MUMBAI 4. THE CIT VIII, MUMBAI CITY 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.