RSN FINANCIAL SERVICES LTD, KOLKATTA V. ITO WD 3(3)(1), MUMBAI

ITA 3666/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 48951 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-05-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 07-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SURENDER KUMAR
• Assessee Lawyers: N O N E
• Keywords: Non compliance

Judgement Text

1 ITA NO.3666/MUM/2010 ASSTT. YEAR : 2005-06. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH D, MUMBAI BEFORE SHRI P.M.JAGTAP, ACCOUNTANT MEMBER & SMT. ASHA VIJAYRAGHAVAN, JUDICIAL MEMBER. I.T.A. NO. 3666/MUM/2010. ASSESS MENT YEAR : 2005-06. M/S RSN FINANCIAL SERVICES LTD., THE INCOME-TAX OFFICER, 12, GOVERNMENT PLACE, (EAST), VS. (3)(3)(1), MUMBAI. KOLKATA 700 069 PAN AAACR4852N APPELLANT. RESPONDENT. APPELLANT BY : NO NE. RESPONDENT BY : SHRI SURENDER KUMAR. O R D E R PER P.M. JAGTAP, A.M. : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER OF LEARNED CIT(APPEALS)-7, MUMBAI DATED 25-02-2010. 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 19- 05-2011, NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLIC ATION FOR ADJOURNMENT HAS BEEN MOVED DESPITE THE FACT THAT NOTICE OF THE SAID HEAR ING WAS SENT TO THE ASSESSEE AT THE ADDRESS GIVEN IN THE APPEAL MEMO BY RPAD WELL IN AD VANCE. IT APPEARS THAT THE ASSESSEE THUS IS NOT SERIOUSLY INTERESTED IN PROSEC UTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. CONSIDERING THE FACTS NARRATED ABOVE AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE APPELLATE TRIBUNAL RULES AS CONSI DERED BY THE TRIBUNAL IN THE 2 ITA NO.3666/MUM/2010 ASSTT. YEAR : 2005-06. CASE OF CIT VS. MULTIPLAN (INDIA) P. LTD. 38 ITD 3 20 (DEL.) AND BY HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR 223 ITR 480 (M.P.), THIS APPEAL OF THE ASSESSEE IS TREATED AS U NADMITTED AND DISMISS FOR NON PROSECUTION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE REASONS FOR NON COMPLIANCE AND FOR R ECALLING OF THIS ORDER AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER MAY BE RECAL LED. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED ON THIS 27 TH DAY OF MAY, 2011. SD/- SD/- (ASHA VIJAYRAGHAVAN) (P.M. JA GTAP) JUDICIAL MEMBER ACCO UNTANT MEMBER MUMBAI, DATED: 27 TH MAY, 2011. WAKODE COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, E-BENCH. (TRUE COPY) BY ORDE R ASSTT. REGISTRAR, ITAT, MUMBAI BEN CHES, MUMBA I.