MUNNIDEVI MANGERAM SHARMA, MUMBAI V. ITO 14(1)(2), MUMBAI

ITA 5120/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55043 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-08-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2006-2007
• Appeal Filed On: 21-06-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G Y WAGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B, MUMBAI BEFORE SHRI. J. SUDHAKAR REDDY (A.M.) AND SHRI VIJA Y PAL RAO (J.M.) ITA NO.5120/MUM/2010 ASSESSMENT YEAR : 2006-2007 SMT. MUNNIDEVI MANGERAM SHARMA R.NO.402, 4 TH FLR., 13A, MAHAJAN ARCADE, CHAKALA CROSS LANE, VADGADI, MUMBAI 400 003. PAN : AIFPS9053G VS. INCOME TAX OFFICER 14(1)(2) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI. G.Y. WAGH [SR.D.R.] O R D E R PER VIJAY PAL RAO, J.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER OF LEARNED CIT(A)-XXV, MUMBAI DATED 11.12.2009. 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 23. 08.2011, NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN MOVED DESPITE THE FACT THAT NO TICE OF THE SAID HEARING SENT TO THE ASSESSEE AT THE ADDRESS GIVEN IN THE AP PEAL MEMO BY REGISTERED POST HAS BEEN DULY SERVED, A PROOF OF WHICH IS AVAI LABLE ON THE RECORD. IT APPEARS THAT ASSESSEE IS NOT SERIOUSLY INTERESTED I N PROSECUTING ITS APPEAL FILED BEFORE THE TRIBUNAL. 3. HAVING REGARD TO THE FACTS STATED ABOVE AND KEEP ING IN VIEW OF THE PROVISIONS OF RULE 19(2) OF ITAT RULE AS WERE CONSI DERED BY THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD. 38 IT D 320(DELHI) AS WELL AS BY THE HONBLE M.P. HIGH COURT IN THE CASE OF ESTATE O F LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (MP), WE TREAT THIS APPEAL OF T HE ASSESSEE AS UNADMITTED AND DISMISS THE SAME FOR WANT OF PROSECU TION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL EXPL AINING THE REASONS FOR ITA NO.5120/MUM/2010 2 NON-COMPLIANCE AND SEEKING RECALL OF THIS ORDER BY FILING MISCELLANEOUS APPLICATION AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER MAY BE RECALLED 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED ON THIS 30 TH OF AUGUST, 2011. SD/- (J.SUDHAKAR REDDY) ACCOUNTANT MEMBER SD/- (VIJAY PAL RAO) JUDICIAL MEMBER MUMBAI, DATED 30.08.2011 JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- MUMBAI 4 I.T.O., MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH , MUMBA I //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI