ASIAN ELECTRONICS LTD, MUMBAI V. ASST CIT (OSD) CIR 3(1), MUMBAI

ITA 4059/MUM/2014

• Counselvise Citation: [2017] 126 COUNSELVISE.COM (IT) 8331 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 5 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 29-11-2017
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 03-10-2017
• Assessment Year: 2004-2005
• Appeal Filed On: 03-06-2014
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR YADAV
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI D.T. GARASIA (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 4059/MUM/2014 ASSESSMENT YEAR: 2004 - 05 ASIAN ELECTRONICS LTD. 107, SUMER KENDRA, P.B. MARG, BEHIND MAHINDRA TOWERS WORLI MUMBAI - 400018 VS. ACIT - 3(1) AAYAKAR BHAVAN, MUMBA I . PAN NO. AABCA0832C APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. RAJESH KUMAR YADAV , DR DATE OF HEARING : 03 /10 /2017 DATE OF PRONOUNCEMENT : 29/11/2017 ORDER PER N.K. PRADHAN, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVANT ASSESSMENT YEAR IS 2004 - 05 . THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMIS SIONER OF INCOME TAX (APPEALS) - 5 , MUMBAI AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S 147 OF THE INCOME TAX ACT 1961, (THE ACT). 2. WE FIND THAT THE CASE WAS FIXED FOR HEARING ON 30.05.2017. THE ASSESSEE REQUESTED ON THE ABOVE DATE FOR AN ADJOURNMEN T. ACCORDINGLY, ASIAN ELECTRONICS LTD. ITA NO. 4059/MUM/2014 2 THE CASE WAS ADJOURNED TO 03.10.2017. IN SPITE OF THAT, NEITHER THE ASSESSEE NOR ITS AUTHORIZED REPRESENTATIVE APPEARED ON 03.10.2017. 3. AT THE THRESHOLD, IT IS RELEVANT TO MENTION THAT NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THIS AP PEAL WAS CALLED FOR. WE FIND THAT PROPER NOTICE OF HEARING HAS ALREADY BEEN GIVEN TO THE ASSESSEE. UNDER THESE CIRCUMSTANCES, IN OUR CONSIDERED OPINION, THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. AS SUCH WE HOLD THAT THIS APPEAL IS LIABLE TO BE DISMISSED FOR NON PROSECUTION. IN THIS REGARD, WE PLACE RELIANCE UPON FOLLOWING CASE LAWS: 1. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (M.P.) 2. NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495 (P& H) 3. CIT VS. B. N. BHATTACHARGEE AND ANOTHER 118 ITR 461(SC) 4. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATERIALS ON RECORD. WE FIND THAT THE LD. CIT(A), HAVING GONE THROUGH THE RELEVANT RECORD HAS DISMISSED THE APPEAL FILED BY THE ASSESSEE BEFORE HIM. WE UP HOLD THE ORDER OF THE LD. CIT(A). 5. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29/11/2017. SD/ - SD/ - (D.T. GARASIA) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 29/11/2017 RAHUL SHARMA, SR. P.S. ASIAN ELECTRONICS LTD. ITA NO. 4059/MUM/2014 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT, MUMBAI