KAMAL ASSOCIATES, MUMBAI V. DCIT RG 15(1), MUMBAI

ITA 4621/MUM/2010

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7272 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 1 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 30-04-2015
• Assessment Year: 2007-2008
• Appeal Filed On: 03-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 ITA NO. 4621/MUM/2010 (ASST YEA 2007-08 ) IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI A BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI PRAMOD KUMAR , AM & SHRI VIJAY PAL RAO , JM ITA NO. 4621/MUM/2010 (ASST YEA 2007-08 ) KAMAL ASSOCIATES 103A MITTAL TOWERS NARIMAN PONT MUMBAI 400 021 VS THE DY COMMR OF INCOME (APPELLANT) (RESPONDENT) PAN NO. AAGFK 3428A ASSESSEE BY NONE REVENUE BY SHRI C GK NAIR DT.OF HEARING 1 ST AUG 2011 DT OF PRONOUNCEMENT 5TH AUG 2011 PER VIJAY PAL RAO, JM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 16.3.2010 OF THE CIT(A), MUMBAI FOR THE ASSESSMENT YEAR 2007 -08. 2 NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE NAME OF THE ASSESSEE WAS CALLED AT THE TIME OF HEARING NOR ANY ADJOURNME NT PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED FROM THE ASSESSEE DESPITE THE FACT THAT NOTICE SENT TO THE ASSESSEE BY RPAD TO THE ADDRESS GIVEN I N THE APPEAL MEMO. THIS TYPE OF CONDUCT ON THE PART OF THE ASSESSEE SHOWS THAT HE I S NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY HIM. ACCORDINGLY, KEEPING IN M IND THE PROVISIONS OF RULE 19(2) OF THE INCOME TAX (APPELLATE TRIBUNAL) RULES AS WERE C ONSIDERED BY THE TRIBUNAL IN THE CASE OF C.I.T. VS. MULTIPLAN (INDIA) LIMITED, 38 IT D 320 (DEL) AND BY THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKER VS. CWT AS 2 ITA NO. 4621/MUM/2010 (ASST YEA 2007-08 ) REPORTED IN 223 ITR 480 (M.P), THIS APPEAL OF THE A SSESSEE IS TREATED AS UN-ADMITTED AND DISMISSED FOR NON-PROSECUTION. THE ASSESSEE, I F SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE REASONS FOR NON-COMPLIA NCE AND FOR RECALLING OF THIS ORDER AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER M AY BE RECALLED. 3 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED. ORDER PRONOUNCED ON THE 5 TH , DAY OF AUG 2011. SD/- SD/- ( PRAMOD KUMAR ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 5 AUG 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI