MONA FORGINGS P. LTD, MUMBAI V. ITO 6(3)(4), MUMBAI

ITA 4002/MUM/2009

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62397 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 21-05-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 26-06-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M RAJAN
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F , MUMBAI BEFORE SHRI VIJAY PAL RAO, (JM) AND SHRI N.K. BILLA IYA (AM) ITA NO.4002/MUM/2009 ASSESSMENT YEAR : 2005-06 M/S. MONA FORGINGS PVT. LTD. 26, MAGAZINE STREET, DARUKHANA, MAZGOAN, MUMBAI-400 010 PAN NO: AAGFM 0992 D VS. ITO 6(3)(4) AAYAKAR BHAWAN, MAHARSHI KARVE ROAD, MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI M. RAJAN DATE OF HEARING : 21.05.2012 DATE OF PRONOUNCEMENT : 21.05.2012 O R D E R PER N.K. BILLAIYA, A.M: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 25.03 .2009 AGAINST THE ORDER OF THE LEARNED CIT-VI, MUMBAI DATED 25.03.200 9 IN RELATION TO ASSESSMENT ORDER U/S. 143(3) R.W.S 147 OF THE INCOM E TAX ACT, 1961 FOR ASSESSMENT YEAR 2005-06. 2. THIS APPEAL WAS FIXED FOR HEARING ON 21.05.2012 FOR WHICH NOTICE WAS ISSUED TO THE ASSESSEE AT THE ADDRESS AS MENTIONED BY THE ASSESSEE AGAINST ITEM NO. 10 OF FORM 36. HOWEVER, ON THE DATE OF HEA RING WHEN THIS APPEAL WAS CALLED UPON FOR HEARING NO ONE APPEARED ON BEHA LF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST FOR ADJOURN MENT. IT, THEREFORE, APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOU T PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (D EL), AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CAS E OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 ( MP), AND FURTHER THE ITA NO. 4002/MUM/2009 M/S. MONA FORGINGS P. LTD. 2 DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17. 09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THIS APPEAL AS UN-ADMITTED FOR WANT OF P ROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF MAY, 2012. SD/- SD/- ( VIJAY PAL RAO ) ( N.K. BILLAIYA ) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DT: 21.05.2012 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, A - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI