THE SPARK JEWELLERY PVT. LTD, MUMBAI V. M/S. ITO 8(3)(2), MUMBAI

ITA 4328/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1094 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 08-07-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 19-06-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: HARIGOVIND SINGH

Judgement Text

ITA NO. 4328/MUM/2008 ASSESSMENT YEAR : 2005-06 PAGE 1 OF 4 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI J BENCH, MUMBAI BEFORE SHRI D. K. AGARWAL, (JUDICIAL MEMBER) AND SHRI PRAMOD KUMAR (ACCOUNTANT MEMBER) ITA NO. 4328/MUM/2008 ASSESSMENT YEAR 2005-06 DATE OF HEARING : 8.7.2010 SPARK JEWELLERY P. LTD. ...... APPELLA NT TOWER NO.1, UNIT NO.202 SEEPZ, MIDC, ANDHERI (E) MUMBAI 400 096 PAN AAHCS5208A VS. INCOME TAX OFFICER 8(3)(2) .. RESPONDE NT AAYAKAR BHAVAN, M.K. ROAD MUMBAI 400 020 APPELLANT BY : NONE RESPONDENT BY : SHRI HARI GOVIND SINGH O R D E R PER PRAMOD KUMAR: 1. BY WAY OF THIS APPEAL, THE ASSESSEE HAS CALLED INTO QUESTION CORRECTNESS OF LD. CIT(A)S ORDER DATED 21 ST APRIL 2008, FOR ASSESSMENT YEAR 2005-06. THE GRIEVANCES OF THE ASSESSEE ARE AS FOLL OWS:- ITA NO. 4328/MUM/2008 ASSESSMENT YEAR : 2005-06 PAGE 2 OF 4 1. DEDUCTION U/S 10A BE ALLOWED WITHOUT REDUCING INTE REST ON BANK F.D. FROM PROFIT OF THE UNDERTAKING; 2. WHILE COMPUTING DEDUCTION U/S 10A THE LABOUR CHARGE S BE TREATED AS EXPORT TURNOVER; AND 3. REDUCTION OF OTHER INCOME BY WAY OF F.D. INTEREST A ND LABOUR CHARGES FROM EXPORT TURNOVER BY A.O. BE SET ASIDE. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, NEITHER THE ASSESSEE NOR ANY OF ITS AUTHORIZED REPRESENTATIVE APPEARED BEFORE US T O ARGUE THE APPEAL DESPITE SERVICE OF NOTICE BY REGISTERED A/D AND THE ACKNOWL EDGEMENT BY THE ASSESSEE IS AVAILABLE ON RECORD. EVEN THERE IS NO INTIMATION IN THE FILE REGARDING NON-APPEARANCE OF THE ASSESSEE AND/OR ITS AUTHORIZED REPRESENTATI VE. IT SEEMS THE ASSESSEE IS NO MORE INTERESTED TO PROSECUTE ITS APPEAL, HENCE, NO PURPOSE WOULD BE SERVED IN KEEPING THE MATTER ALIVE. WE, THEREFORE, RESPECTFUL LY FOLLOWING THE DECISION OF THE TRIBUNAL, DELHI BENCHES, IN THE CASE OF M/S. MULTIP LAN INDIA PVT. LTD., 38 ITD 320 (DEL.), TREAT THIS APPEAL AS UN-ADMITTED AND HOLD T HE SAME AS LIABLE TO BE DISMISSED IN LIMINE, AS SUCH. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED.. PRO NOUNCED IN THE OPEN COURT TODAY ON THIS 16 TH DAY OF JULY 2010. SD/XX SD/XX (D. K. AGARWAL) (PRAMOD KUMAR) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI; 16 TH DAY OF JULY 2010. ITA NO. 4328/MUM/2008 ASSESSMENT YEAR : 2005-06 PAGE 3 OF 4 COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. DIRECTOR OF INCOME TAX (INTERNATIONAL TAXATION), MUMBAI 4. COMMISSIONER (APPEALS) , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, J BENCH, ITAT, MUMB AI 6. GUARD FILE TRUE COPY BY ORDER ASSISTANT REGISTRAR PRADEEP J. CHOWDHURY INCOME TAX APPELLATE TRIBUNAL SR. PRIVATE SECRETARY MUMBAI BENCHES, MUMBAI ITA NO. 4328/MUM/2008 ASSESSMENT YEAR : 2005-06 PAGE 4 OF 4 DATE INITIAL 1. DRAFT DICTATED ON 12.7.2010 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 13.7.2010 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 13.7.2010 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 13.7.2010 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 13.7.2010 SR.PS/PS 6. DATE OF PRONOUNCEMENT 16.7.2010 SR.PS 7. FILE SENT TO THE BENCH CLERK 16.7.2010 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER