M/s. Lyka Labs Ltd., Ankleshwar V. The Jt.CIT.,TDS Range, Baroda

ITA 465/AHD/2009

• Counselvise Citation: [2011] 135 COUNSELVISE.COM (IT) 1902 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 year(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-02-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 27-07-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 12-02-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: B L YADAV

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL : D B ENCH : AHMEDABAD (BEFORE HONBLE SHRI G.D.AGRAWAL, V.P. & HONBLE SH RI T.K. SHARMA, J.M .) I.T.A. NO. 465/AHD./2009 ASSESSMENT YEAR : 2005-2006 M/S. LYKA LABS LTD., ANKLESHWAR -VS- J.C.I.T., TDS RANGE, BARODA (PAN : AAACL 0820G) (APPELLANT) ( RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI B.L.YADAV, D.R. O R D E R PER SHRI T.K.SHARMA, J.M . THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER DATED 10.12.2008 PASSED BY THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-VI , BARODA FOR THE ASSESSMENT YEAR 2005-06. 2. THE HEARING OF THE APPEAL WAS FIXED ON 27.07.20 11 AND DESPITE THE NOTICE OF HEARING SENT THROUGH REGISTERED POST WITH A/D FIXIN G THE DATE OF HEARING TODAY I.E. ON 27.07.2011, NEITHER ANYBODY APPEARED ON BEHALF OF T HE ASSESSEE, NOR WAS THERE ANY APPLICATION SEEKING ADJOURNMENT OF THE HEARING. TH EREFORE, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. WHILE TAKING THIS VIEW, WE DERIVE SUPPORT FROM THE DECISIONS OF HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. C.W.T. [223 I.T.R. 480] AND I .T.A.T., DELHI BENCH IN THE CASE OF C.I.T. VS. MULTIPLAN INDIA LTD. [38 I.T.D. 320]. R ESPECTFULLY FOLLOWING THE ABOVE DECISIONS, WE DISMISS THE ASSESSEES APPEAL FOR WAN T OF PROSECUTION. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. THE ORDER PRONOUNCED IN THE OPEN COURT ON 2 7.07.2011. SD/- SD/- (G.D.AGRAWAL) (T.K. SHARMA) VICE PRESIDENT JUDICIAL MEMBER DATED : 27/07/2011 ITA NO.465/AHD/09 2 COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE 2) THE DEPARTMENT. 3) CIT(A.) CONCERNED, 4) CIT CONCERNED, 5) D.R., ITAT, AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGISTRAR, ITAT, AHMEDABAD TALUKDAR/SR.P.S.