JAYKRISHNA K. GANDHI, MUMBAI V. ADDL CIT RG 19(1), MUMBAI

ITA 536/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2362 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 15 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-04-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 07-04-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 27-01-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L K AGRAWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI PRAMOD KUMAR , ( AM ) ITA NO. 536/MUM/2009 ASSESSMENT YEAR : 2005 - 06 JAYKRISHNA K. GANDHI BLOCK NO.301, ANAND APARTMENTS PLOT NO.307, 8 T H ROAD, KHAR (W) MUMBAI - 400 0 52 . ..( APPELLANT ) P.A. NO. ( AABPG 2275 J) VS. ADDL. COMMISSIONER OF INCOME TAX RANGE 19(1) PIRAMAL CHAMBERS LALBAUG MUMBAI. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI L.K. AGRAWAL O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 12. 10 .2008 PASSED BY THE LD. CIT(A) FOR THE ASSESSMENT YEAR 2005 - 05. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNMENT OF THE CASE DESPITE THE FACT THAT THE FIRST NOTICE OF HEARING WAS SENT BY RPAD . IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE THE APPEAL. HENCE, ITA NO. 536/M/09 A.Y: 05 - 06 2 FOLLOWING THE DECISION OF THE TRIBUNAL DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED REPORTED IN 38 ITD 320, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS UNADM ITTED FOR WANT OF PROSECUTION. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO APPROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON - APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, THE ASSESSEE S APPEAL STAND S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12.4.2010. SD/ - SD/ - ( PRAMOD KUMAR ) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 12.4. 20 10 . JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.