PREMLEELA DEVELOPERS, MUMBAI V. ADDL CIT 15(3), MUMBAI

ITA 3903/MUM/2012

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71284 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 21 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-08-2015
• Assessment Year: 2008-2009
• Appeal Filed On: 04-06-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ROUMUAN PAITE

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C MUMBAI . . , / !' , # $ % BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER /AND SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER . / ITA NO. 3903/MUM/2012 ' ' ' ' / ASSESSMENT YEAR 2008-09 M/S.PREMLELA DEVELOPERS, B-23, DATTANI TOWER, SV ROAD, BORIVALI (WEST) MUMBAI 400 092 / VS. THE ADDL.CIT 15(3) 122, MATRU MANDIR, 1 ST FLOOR, TARDEO ROAD, MUMBAI 400007 ( # ./ )* ./ PAN/GIR NO. : AAFFP8017P ( (+ / APPELLANT ) .. ( ,-(+ / RESPONDENT ) APPELLANT BY NONE RESPONDENT BY : SHRI ROUMUAN PAITE . /# / DATE OF HEARING : 26/09//2013 01' . /# / DATE OF PRONOUNCEMENT : 26/09/2013 2 / O R D E R PER I.P.BANSAL, JM: THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS D IRECTED AGAINST THE ORDER PASSED BY LD. CIT(A) -26, MUMBAI DATED 12/3/2012 FO R ASSESSMENT YEAR 2008- 09. 2. THIS APPEAL WAS EARLIER FIXED ON 1/7/2012, ON WH ICH DATE NONE APPEARED ON BEHALF OF THE ASSESSEE. THEREFORE, AS PER DIREC TION OF THE BENCH APPEAL WAS REFIXED FOR HEARING ON 26/09/2013 AND REGISTRY WAS DIRECTED TO SEND NOTICE . / ITA NO. 3903/MUM/2012 ' ' ' ' / ASSESSMENT YEAR 2008-09 2 THROUGH RPAD. IT MAY BE MENTIONED HERE THAT THERE WAS DEFECT ALSO IN FILING THE APPEAL AS THE ORDER PASSED BY CIT(A) WAS NOT CERTIFIED. ACCORDINGLY, NOTICE WAS SENT THROUGH RPAD, HOWEVER, ON 26/9/2013 NONE APPEARED ON BEHALF OF THE ASSESSEE. NO APPLICATION FOR ADJOURN MENT HAS ALSO BEEN RECEIVED. THEREFORE, WE PRESUME THAT THE ASSESSEE IS N OT INTERESTED IN PROSECUTING THIS APPEAL. FOLLOWING THE DECISION OF THE TRIBU NAL REPORTED IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD.38 ITD 320 (DEL) A ND THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ES TATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (M.P) WE DISMISS THE APPEAL FILED BY THE ASSESSEE IN LIMINE. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. 3 /4 3/ . 5 #3) . )/ 6! % ORDER PRONOUNCED IN THE OPEN COURT ON 26/09/2013 2 . 01' # 5 74 2 /09/2013 1 . 8 % SD/- SD/ - ( !' / N.K.BILLAIYA ) ( . . / I.P. BANSAL ) # / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; 7 DATED 26/09/2013 2 2 2 2 . .. . ,/9: ,/9: ,/9: ,/9: ;:'/ ;:'/ ;:'/ ;:'/ / COPY OF THE ORDER FORWARDED TO : 1. (+ / THE APPELLANT 2. ,-(+ / THE RESPONDENT. 3. < ( ) / THE CIT(A)- 4. < / CIT 5. :=8 ,/ , , / DR, ITAT, MUMBAI 6. 8> ? / GUARD FILE. 2 2 2 2 / BY ORDER, -:/ ,/ //TRUE COPY// @ @@ @ / 6 6 6 6 ) ) ) ) (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI . . ./ VM , SR. PS