Ashwinram Spinning Mills (P) Ltd., Coimbatore V. Additional CIT, Coimbatore

ITA 374/CHNY/2011

• Counselvise Citation: 37421714 RSA 2011
• Duration Of Justice: 5 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 23-08-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 02-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T N BETGIRI J

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, CHENNAI [BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER] I.T.A NO.374/MDS/2011 (ASSESSMENT YEAR : 2007-08) M/S ASHWINRAM SPINNING MILLS (P) LTD C/O G.SHANKAR, C.A 38-1 RAGHUPATHY LAY OUT COIMBATURE 641 011 VS THE ADDL. CIT COMPANY CIRCLE IV(2) COIMBATORE [PAN AACCA5004H] (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI T.N.BETGIRI, JCIT/DR DATE OF HEARING : 23.08.2011 DATE OF PRONOUNCEMENT : 23.08.2011 O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THIS APPEAL OF THE ASSESSEE, FOR ASSESSMENT Y EAR 2007-08, IS DIRECTED AGAINST THE ORDER OF THE LD. CIT(A), COIMB ATORE, DATED 29.12.2010. 2. NOTICE FIXING THE APPEAL FOR HEARING ON 23.08.20 11 WAS SENT TO THE ASSESSEE AT THE ADDRESS GIVEN IN COLUMN NO.10 OF FORM NO.36 BY REGISTERED AD AND THE SAME WAS DULY RECEIVED AS I S EVIDENT FROM THE ITA 374/11 :- 2 -: POSTAL ACKNOWLEDGEMENT CARD PLACED ON RECORD. D ESPITE SERVICE OF NOTICE, NEITHER ANYBODY ATTENDED ON BEHALF OF THE A SSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS FILED ON THE DATE F IXED I.E 23.08.2011. 3. IN VIEW OF THE ABOVE, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE CASE BEFORE THIS TRIBUNAL. HENCE, FOLLOWING THE DECISION OF THE DELHI BENCH IN THE CASE OF CIT V. MULTIPLAN INDIA P. LTD., REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DISMISS THE APPEAL FOR WA NT OF PROSECUTION. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESS EE STANDS DISMISSED. THE ORDER PRONOUNCED IN THE OPEN COURT O N 23.08.2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE-PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER DATED: 23 RD AUGUST, 2011 RD COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR