DILIPKUMAR PHOOLCHAND JAIN, V. ACIT CEN CIR-2, THANE

ITA 45/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2040 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 4 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 08-04-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 05-01-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R N JHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, MUMBAI. BEFORE S/SHRI N.V.VASUDEVAN, JM & T.R.SOOD, AM I.T.A NO. 45/MUM/2009 ASSESSMENT YEAR:2006-07 DILIP KUMAR PHOOLCHAND JAIN, V. THE ACIT, CENT. C IRCLE-2, C/O. SAMPAT BALDIA, CA, 180, JAYAPRABHA THANE. BLDG. 1 ST FLOOR, NEAR RAMALAXMI TOWER, BRAHMIN ALLEY, BHIWANDI, MUMBAI. PA NO.AARPJ 1996 K (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY : SHRI R.N.JHA O R D E R PER T.R.SOOD, AM THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 31.7.2008 OF LD CIT (A)-I ,THANE FOR THE ASSESSMENT YEAR 200 6-07. 2. THE CASE WAS INITIALLY FIXED FOR HEARING ON 15.1 0.2009. AT THE REQUEST OF THE ASSESSEE VIDE LETTER DATED 15.10.2009, THE HEARING WAS ADJOURNED TO 5.11.2009. HOWEVER, ON THAT DATE, THE BENCH DID NOT FUNCTION AND, ACCORDINGLY, THE HEARING WAS ADJOURNED TO 24.12.2009. ON 24.12.2009, THERE WAS NO APPEARANCE FROM THE SIDE OF THE ASSESSEE, THEREFORE, THE HEARING WAS ADJOURNED AND NOTICE WAS SENT THROUGH RPAD TO THE ASSESSEE. THE HEARING WAS ALSO LAST FIXED F OR 17.5.2010 AND THE NOTICE WAS DISPLAY ON NOTICE BOARD. HOWEVER, ON THE DATE OF H EARING, WHEN THE MATTER WAS CALLED ON FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSE SSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. FROM THE ABOVE, WE INFER THA T THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. THEREFORE, WE DISMISS THE APPEAL IN LIMINE FOR WANT NON- PROSECUTION. 2 3. IN THE RESULT, APPEAL STANDS DISMISSED. PRONOUNCED ON 21 ST MAY, 2010 SD/- (N.V.VASUDEVAN) (JUDICIAL MEMBER) SD/- (T.R.SOOD) (ACCOUNTANT MEMBER) MUMBAI, DATED 21 ST MAY, 2010 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)-I, THANE. 4. COMMISSIONER OF INCOME TAX, CENTRAL, PUNE 5. DEPARTMENTAL REPRESENTATIVE, BENCH D, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI 3 DATE INITIALS 1. DRAFT DICTATED ON 17.5.2010 PS 2. DRAFT PLACED BEFORE AUTHOR 17.5.2010 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/J M 5. APPROVED DRAFT COMES TO THE SR. PS PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER 4