KRISHNAMOORTHY SRINIVASN, MUMBAI V. DCIT CIR 12(2), MUMBAI

ITA 5111/MUM/2010

• Counselvise Citation: 511119914 RSA 2010
• Duration Of Justice: 1 year(s) 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-05-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 21-11-2011
• Assessment Year: 2005-2006
• Appeal Filed On: 21-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K B MENON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH A, MUMBAI BEFORE SHRI N.V.VASUDEVAN(J.M) AND SHRI RAJENDR A SINGH (A.M) ITA NO. 5111/MUM/10(A.Y. 2005-06) SHRI KRISHNAMOORTHY SRINIVASAN, 71, MAKER TOWERS, G.D.SOMANI MARG, CUFF PARADE, MUMBAI 400 005. PAN:AFZPS 1711E (APPELLANT) VS. THE DCIT, CIR.12(2), AAYKAR BHAVAN, MK ROAD, MUMBAI . (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI P.K.B.MENON DATE OF HEARING : 15/05/2012 DATE OF PRONOUNCEMENT : 15/05/2012 ORDER PER N.V.VASUDEVAN, J.M THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDE R DATED 22/4/2010 OF THE CIT(A)-23, MUMBAI RELATING TO ASSESSMENT YEA R 2005-06. 2. THIS CASE WAS LISTED FOR HEARING ON 15/05/2012, HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF H EARING. NO ADJOURNMENT PETITION SEEKING ADJOURNMENT OF THE CASE WAS ALSO F ILED. THE ABOVE CONDUCT ON THE PART OF THE ASSESSEE SHOWS THAT IT IS NOT IN TERESTED IN PROSECUTING THE APPEAL FILED BY IT. THEREFORE, FOLLOWING THE DECIS ION OF THE TRIBUNAL REPORTED IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD.38 ITD 320 (DEL) AND THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT I N THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (M.P) TH E APPEAL FILED BY THE ITA NO. 5111/MUM/10(A.Y. 2005-06) 2 ASSESSEE IS DISMISSED IN LIMINE. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUCH NON-A PPEARANCE ON THE APPOINTED DATE, THE TRIBUNAL AT ITS DISCRETION MAY RECALL THIS ORDER. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 15 TH DAY OF MAY 2012 SD/- SD/- (RAJENDRA SINGH ) (N.V.VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 15 TH MAY 2012 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RH BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM.