NEETA R. LODHA, MUMBAI V. ITO 14(1)(1), MUMBAI

ITA 4940/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1031 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 25 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 20-07-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 28-08-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: MAYANK PRIYARDARSH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI `H BENCH BEFORE SHRI D.K.AGARWAL, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NO.4940/MUM/2009 - A.Y 2004-05 SMT. NEETA R. LODHA, 20/22, SHAMSETH STREET, ZAVERI BAZAR, MUMBAI 400 002. PAN NO.ABDPL 8053 A VS. INCOME TAX OFFICER 14(1) 1, MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI MAYANK PRIYARDARSH. O R D E R PER T.R.SOOD, AM: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST CI T[A]S ORDER DATED 19-6-2009 FOR THE A.Y 2004-05. 2. THE APPEAL WAS FIXED FOR HEARING ON 2-6-2010 BUT NO NE APPEARED ON BEHALF OF THE ASSESSEE ON SPECIFIED DAT E. THE BENCH DIRECTED TO ISSUE NOTICE BY RPAD. FROM THE SCRUTINY OF RECORDS WE FIND THAT NOTICE DATED 3-6-2010 WAS DULY SENT BY RPAD AT THE ADDRESS GIVEN BY THE ASSESSEE IN FORM NO.36. THIS NOTICE HAS NOT COME BACK UNSERVED AND HENCE SERVICE IS PRESUMED. WHEN THE MA TTER WAS CALLED UP FOR HEARING ON 20/7/2010, NEITHER ANY ONE WAS PR ESENT ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMEN T RECEIVED. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL FURTHER. HENCE, FOLLOWING THE DECISION OF THE I.T.A.T. IN TH E CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF T HE HONBLE MADHYA 2 PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HO LKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FILED BY THE ASSESSEE I S DISMISSED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 23RD DAY OF JULY, 2010. SD/- SD/- (D.K.AGARWAL) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI:23 RD JULY, 2010. P/-*