SURENDRA C. SHETH, MUMBAI V. ITO 25(2)(3), MUMBAI

ITA 4003/MUM/2010

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9252 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: SMC
• Next Hearing Date: 05-10-2015
• Assessment Year: 1995-1996
• Appeal Filed On: 17-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJENDRA SINGH , ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. 4003/MUM/2010 (ASSESSMENT YEAR: 1995-96) SHRI SURENDRA C. SHETH, C-316, SATYAM, OPP. POST OFFICE, NEW LINK ROAD, BORIVALI (W), MUMBAI-400 103 PAN: AADPS 3907 K VS INCOME-TAX OFFICER, WARD- 25(2)(3), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI MR. MOHIT JAIN DATE OF HEARING :11-12-2012 DATE OF PRONOUNCEMENT :11-12-2012 O R D E R PER VIVEK VARMA, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER OF LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-XXV, MUMBAI D ATED 12.12.2008 AND RELATES TO THE ASSESSMENT YEAR 1995-96. 2. THE APPEAL ON PREVIOUS OCCASION WAS FIXED FOR HEARING ON 09.10.2012 AND AS BENCH DID NOT FUNCTION THE SAME WAS AD JOURNED TO 11.12.2012, WHICH WAS INFORMED TO BOTH THE PARTIES THROUGH NOTICE BOARD. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED T O PURSUE ITS APPEAL FURTHER AS NONE APPEARED ON BEHALF OF THE ASSESS EE NOR ANY ADJOURNMENT LETTER HAS BEEN RECEIVED BY OR ON BEHALF OF THE ASSESSEE. HENCE, FOLLOWING THE DECISION OF THE ITAT, IN THE CASE OF MULTIPLAN INDIA LTD., REPORTED IN 38 ITD 320 (DEL) AND THE JUDGMENT OF T HE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR VS SHRI SURENDRA C. SHETH ITA NO. 40 03/MUM/2010 PAGE 2 OF 2 CWT, REPORTED IN (1997) 223 ITR 480 (MP), THE APPEAL FILED BY THE ASSESSEE IS DISMISSED, FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11 TH DECEMBER, 2012. SD/- SD/- (RAJENDRA SINGH) (VIVEK VARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI : 11 TH DECEMBER, 2012 COPY TO: 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT (A)-25, MUMBAI. 4) THE CIT CITY-25, MUMBAI 5) THE DR, G BENCH MUMBAI BY ORDER / / TRUE COPY / / ASST. REGISTRAR, ITAT, MUMBAI *CHAVAN