INQUILAB OFFSET PRINTERS P. LTD, MUMBAI V. DCIT 5(2), MUMBAI

ITA 4886/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55370 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 27-09-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 11-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'I' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 4886/MUM/2010 (ASSESSMENT YEAR: 2006-07) M/S. INQUILAB OFFSET PRINTERS P. LTD. D C I T - 5 (2) 156-D, J. DADAJEE ROAD MUMBAI TARDEO, MUMBAI 400034 VS. PAN - AAACI 1619 L APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI SUNIL KUMAR SINGH DATE OF HEARING: 27.09.2011 DATE OF PRONOUNCEMENT: 30.09.2011 O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 11.06 .2010 AGAINST THE ORDER OF THE LEARNED CIT(A) IX, MUMBAI DATED 26.04. 2010 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FO R A.Y. 2006-07. 2. THIS APPEAL WAS FIXED FOR HEARING ON 14.07.2011 BUT NONE APPEARED ON BEHALF OF THE ASSESSEE ON THE DATE OF HEARING, E VENTHOUGH THE NOTICE WAS SERVED AND ACKNOWLEDGEMENT WAS ON RECORD. THEREFORE ONE MORE OPPORTUNITY WAS GIVEN AND HEARING WAS ADJOURNED TO 27.09.2011 FOR WHICH NOTICE WAS ISSUED TO THE ASSESSEE BY RPAD ON 01.08. 2011 AT THE ADDRESS AS MENTIONED BY THE ASSESSEE AGAINST ITEM NO. 10 OF FO RM 36. THIS WAS ALSO SERVED ON ASSESSEE AS PER THE ACKNOWLEDGEMENT PLACE D ON RECORD. HOWEVER, ON THE DATE OF HEARING WHEN THIS APPEAL WA S CALLED UPON FOR HEARING NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST FOR ADJOURNMENT. IT THEREFOR E APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOUT PURSUING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MUL TIPLAN INDIA (P) LTD., ITA NO. 4886/MUM/2010 M/S. INQUILAB OFFSET PRINTERS P. LTD. 2 REPORTED IN 38 ITD 320 (DEL), AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TU KOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 (MP), AND FURTHER THE DECIS ION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M /S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THIS APPEAL AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 30 TH SEPTEMBER 2011. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 30 TH SEPTEMBER 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) IX, MUMBAI 4. THE CIT V, MUMBAI CITY 5. THE DR, I BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.