ISHWAR METAL WORKS, MUMBAI V. ACIT CEN CIR 8, MUMBAI

ITA 4468/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 54940 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 25-08-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 31-05-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJIV DUTT

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.4468/MUM/2010 A.Y 2007-08 M/S. ISHWAR METAL WORKS, SIONA, JANJIKAR STREET, NEAR JUMMA MASJID, MUMBAI 400 002. PAN: AABFI 5701 K VS. ASST. COMMISSIONER OF I.T., CENTRAL CIRCLE 8, MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI SANJIV DUTT. DATE OF HEARING: 25/8/2011 DATE OF PRONOUNCEMENT: 25/8/2011 O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 29-3-2010 OF THE LEARNED COMMISSIONER OF INCO ME-TAX (APPEALS)-37, MUMBAI AND RELATES TO THE ASSESSMENT YEAR 2007-08. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON EA RLIER OCCASIONS BUT WAS ADJOURNED AS THE BENCH DID NOT FU NCTION. THE PARTIES WERE INFORMED THROUGH NOTICE BOARD. WHEN TH E MATTER WAS CALLED UP FOR HEARING ON 25-8-2011, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. IT SEEMS THAT THE ASSESSEE IS NOT INTERE STED TO PURSUE ITS APPEAL FURTHER. HENCE, FOLLOWING THE DECISION OF TH E I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF THE ITA NO.4468/M/10 2 HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LA TE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FI LED BY THE ASSESSEE IS DISMISSED AS UNADMITTED FOR WANT OF PRO SECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 5/8/2011. SD/- SD/- (N.V.VASUDEVAN) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 25/8/2011. P/-*