POONAM V PARWANI, MUMBAI V. ITO (HQ) (CIB), KALYAN

ITA 4496/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 49545 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-07-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2005-2006
• Appeal Filed On: 01-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALEXANDER CHANDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI C BENCH BEFORE SHRI D.MANMOHAN, VICE PRESIDENT & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.4496/MUM/2010 A.Y 2005-06 SMT. POONAM V. PARWANI, MURBAD ROAD, SYNDICATE, KALIAN 4213001. VS. INCOME TAX OFFICER, CIRCLE 3, KALYAN. PAN: AWNPP 1911 G (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MR. ALEXANDER CHANDY. SR. DR O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 13/03/2009 OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-I, THANE AND RELATES TO THE ASSESSMENT YE AR 2005-06. 2. THE NOTICE OF HEARING WAS ISSUED BY RPAD BUT NONE A PPEARED. IT IS FURTHER SEEN FROM RECORDS THAT APPEAL IS LATE BY 321 DAYS AND A DEFECT MEMO WAS ALSO ISSUED, BUT NO CONDONATION APP LICATION HAS BEEN FILED. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE HERAPPEAL FURTHER. HENCE, FOLLOWING THE DECISION OF THE I.T.A .T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUD GMENT OF THE 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 ITA NO.4496/M/10 2 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 1 9/7/2011. SD/- SD/- (D.MANMOHAN) (T.R.SOOD) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI: 19/07/2011. P/-*