MAKAM ANJANEYULU, NAVI MUMBAI V. DCIT CIR 15(3), MUMBAI

ITA 517/MUM/2012

• Counselvise Citation: [2016] 133 COUNSELVISE.COM (IT) 4189 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 04-02-2016
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 24-06-2015
• Assessment Year: 2006-2007
• Appeal Filed On: 24-01-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SACHCHIDANAND DUBE
• Keywords: Condonation of delay

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI BEFORE S/SHRI B.R.BASKARAN, AM AND PAWAN SINGH, JM ./ I.T.A. NO . 517 / MUM/ 201 2 ( / ASSESSMENT YEA R : 20 06 - 07 ) MAKAM ANJANEYU LU, 7A, MARYLAND CHS PLOT NO.606, SECTOR - 23, NERUL, NAVI MUMBAI - 400706 / VS. DY. COMMISSIONER OF I NCOME TAX CIRCLE - 15(3), MUMBAI . ( / APPELLANT ) .. ( / RESPONDENT ) ./ ./PAN. : AHCPM6961H / ASSESSEE BY NONE , / REVENUE BY SHRI SACHCHIDANAND DUBE / DATE OF HEARING : 4.2 . 201 6 / DATE OF PRONOUNCEMENT: 4 . 2 . 201 6 / O R D E R P ER B R BAS KARAN, AM : THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 24.9.2009 PASSED BY THE LD. CIT(A) - 26 , MUMBAI AND IT RELATES TO THE ASSESSMENT YEAR 20 06 - 07. NONE APPEARED ON BEHALF OF THE ASSESSEE AND HENCE WE PROCEED TO DISPOSE OF THE AP PEAL EX - PARTE, WITHOUT THE PRESENCE OF THE ASSESSEE. 2. THE APPEAL FILED BY THE ASSESSEE IS BARRED BY LIMITATION BY 786 DAYS. WE NOTICE THAT THE ASSESSEE HAS NOT MOVED ANY PETITION REQUESTING THE BENCH TO CONDONE THE DELAY , EVEN THOUGH THE REGISTRY HAS G IVEN A DEFECT MEMO IN THIS REGARD, BESIDES POINTING OUT SOME OTHER DEFECTS . FURTHER, WE NOTICE THAT THE ASSESSEE HAD APPOINTED A COUNSEL TO PRESENT CASE BUT THE SAID COUNSEL HAS ALSO WITHDRAWN HIS POWER OF ATTORNEY . TILL DATE THE I.T.A. NO. 517 / MUM/ 201 2 2 ASSESSEE HAS NOT RECTI FIED THE DEFECTS POINTED OUT BY THE REGISTRY AND ALSO HAS NOT FILED ANY PETITION SEEKING CONDONATION OF DELAY . UNDER THESE CIRCUMSTANCES , WE ARE UNABLE TO CONDONE THE DELAY AND ADMIT THE APPEAL. ACCORDINGLY, WE DISMISS THE APPEAL AS IN LIMINE , AS UNADMITT ED . 3 . IN THE RESULT, THE APPEAL FILED BY THE ASSESSE E IS DISMISSED . PRONOUNCED ACCORDINGLY ON 4TH FEB , 2 01 6 . 4 TH FEB 2 01 6 S D SD ( PAWAN SINGH ) ( B.R. BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 4 TH FEB , 2 01 6 . . . ./ SRL , SR. PS / COPY OF THE ORDER FORWARDED TO : 1. / THE APPE LLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - CONCERNED 4. / CIT CONCERNED 5. , , / DR, ITAT, MUMBAI CONCERNED 6. / GUARD FILE. / BY ORDER, T RUE COPY (ASSTT. REGISTRAR) , /ITAT, MUMBAI