SHREE VINDHYA PAPER MILLS LTD, MUMBAI V. ITO WD 2(3)(3), MUMBAI

ITA 3904/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1997 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 11-05-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 17-06-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJNEESH ARVIND

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI B. RAMAKOT AIAH ,(AM) ITA NO.3904/MUM/2009 ASSESSMENT YEAR : 2004-05 SHREE VINDHYA PAPER MILLS LTD. INDIAN MERCHANT CHAMBERS 3 RD FLOOR, 14 R. KAMANI MARG BALLARD ESTATE MUMBAI-400 001. ..( APPELLANT ) P.A. NO. (AABCS 4652 G) VS. INCOME TAX OFFICER WARD 2(3)(3) MUMBAI. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI RA JNEESH ARVIND O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 31.3.2009 PASSED BY THE LD. CIT(A) FOR TH E ASSESSMENT YEAR 2004-05. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNMENT OF TH E CASE DESPITE THE FACT THAT THE NOTICE OF DATE OF HEARING FIXING TH E CASE FOR 11.5.2010 WAS DULY SERVED UPON THE ASSESSEE AS PER ACKNOWLEDGEMENT CARD ITA NO.3904/M/09 A.Y:04-05 2 AVAILABLE ON RECORD. IT APPEARS THAT THE ASSESSEE IN NOT INTERESTED IN PROSECUTING THIS APPEAL, THEREFORE, FOLLOWING THE DECISI ON OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD., REPORTED IN 38 ITD 320, THE APPEAL OF THE ASSESSEE IS TREATED AS UNADMITTED FOR WANT OF PROSECUTION. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO APPROAC H THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, THE ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21.5.2010. SD/- SD/- (B. RAMAKOTAIAH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 21.5.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. ITA NO.3904/M/09 A.Y:04-05 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 11.5.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 12.5.10 SR.PS/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.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 21.5.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 24.5.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER