MANOHAR J. AHUJA, MUMBAI V. ACIT 14(1), MUMBAI

ITA 4301/MUM/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8006 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-03-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2004-2005
• Appeal Filed On: 15-07-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R S SRIVASTAVA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 4301/MUM/2009 (ASSESSMENT YEAR: 2004-05) SHRI MANOHAR J. AHUJA ACIT 14(1) C/O M/S. J.J. MEHRA & CO., CA EARNEST HOUSE, NARIMA N POINT 11, LAXMI BLDG, 2ND FLOR VS. MUMBAI BANDRA (W), MUMBAI 400050 PAN - ADRPA 9577 G APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI R.S. SRIVASTAVA O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 15.07 .2009 AGAINST THE ORDER OF THE LEARNED CIT(A)-XIV, MUMBAI DATED 17.03 .2009 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FO R A.Y. 2004-05. 2. THIS APPEAL WAS FIXED FOR HEARING FROM TIME TO T IME BUT EVERY TIME IT WAS ADJOURNED DUE TO NON-FUNCTIONING OF THE BENCH. FINALLY THIS APPEAL WAS FIXED FOR HEARING BEFORE US ON 02.03.2011FOR WHICH PURPOSE NOTICE OF HEARING WAS SERVED THROUGH NOTICE BOARD. HOWEVER, ON THE DA TE OF HEARING WHEN THIS APPEAL WAS CALLED UPON FOR HEARING NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST F OR ADJOURNMENT. 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 (DEL), AS AL SO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. ITA NO. 4301/MUM/2009 SHRI MANOHAR J. AHUJA 2 CWT, REPORTED IN 223 ITR 480 (MP), AND FURTHER THE 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 UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD MARCH 2011. SD/- SD/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED: 23 RD MARCH 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XIV, MUMBAI 4. THE CIT XIV, MUMBAI CITY 5. THE DR, B BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.