NAUSHAD M. MALLICK, MUMBAI V. ITO 3(1), MUMBAI

ITA 539/MUM/2016

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 3918 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 9 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 27-11-2019
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: Not Allotted
• Assessment Year: 2007-2008
• Appeal Filed On: 04-02-2016
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: KAVITA P KAUSHIKLD

Judgement Text

ITA NO.539/MUM/2016 SHRI NAUSHAD M. MALLICK ASSESSMENT YEAR :2007-08 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUMBAI , , BEFORE HONBLE SHRI MAHAVIR SINGH, JM AND HONBLE SHRI MANOJ KUMAR AGGARWAL, AM ./ I.T.A. NO.539/MUM/2016 ( / ASSESSMENT YEAR : 2007-08) SHRI NAUSHAD M. MALLICK LAKE CASTLE C.H.S. C-WING FLAT NO.802, 8 TH FLOOR, HIRANANDANI GARDEN, POWAI MUMBAI- 400 076. / VS. INCOME TAX OFFICER - 3(1), ASHAR I.T. PARK WAGLE INDUSTRIAL ESTATE MUMBAI- 400 604. )* ./ ./PAN/GIR NO. AIMPM-5059-P ( *, /APPELLANT ) : ( -.*, / RESPONDENT ) ASSESSEE BY : NONE REVENUE BY : MS. KAVITA P. KAUSHIK- LD. DR / DATE OF HEARING : 27/11/2019 / DATE OF PRONOUNCEMENT : 27/11/2019 / O R D E R MANOJ KUMAR AGGARWAL (ACCOUNTANT MEMBER) 1. AFORESAID APPEAL BY ASSESSEE FOR ASSESSMENT YEAR [IN SHORT REFERRED TO AS AY] 2007-08 CONTEST CONFIRMATION O F CERTAIN ADDITIONS BY LD. COMMISSIONER OF INCOME-TAX (APPEALS)-2, THANE. 2. WHEN THE APPEAL WAS CALLED FOR HEARING, NONE APP EARED FOR THE ASSESSEE AND THEREFORE, THE MATTER WAS PROCEEDED WI TH EX-PARTE QUA THE ASSESSEE. ITA NO.539/MUM/2016 SHRI NAUSHAD M. MALLICK ASSESSMENT YEAR :2007-08 2 3. THE LD. DEPARTMENTAL REPRESENTATIVE, AT THE OUTS ET, SUBMITTED THAT THE APPEAL WAS FILED WITH A DELAY OF 24 DAYS AND TH EREFORE, THE APPEAL DESERVES TO BE DISMISSED ON THIS PRELIMINARY ISSUE. 4. UPON CAREFUL CONSIDERATION OF CASE-RECORDS, WE F IND THAT REGISTRY HAS NOTED A DELAY OF 24 DAYS IN FILING OF THE APPEA L, THE CONDONATION OF WHICH HAS BEEN SOUGHT BY THE ASSESSEE ON THE STRENG TH OF LETTERS DATED 15/12/2015 & 03/02/2016. HOWEVER, WE FIND THAT NO S UPPORTING DOCUMENTS OR AFFIDAVIT AFFIRMING THE SAME HAS BEEN FILED. NOT CONVINCED WITH ASSESSEES SUBMISSIONS, WE DISMISS THE APPEAL FOR WANT OF CONDONATION OF DELAY. 5. RESULTANTLY, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 27 TH NOVEMBER, 2019. SD/- SD/- (MAHAVIR SINGH) (MA NOJ KUMAR AGGARWAL) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI; DATED : 27/11/2019 SR.PS, JAISY VARGHESE !'! / COPY OF THE ORDER FORWARDED TO : 1. *, / THE APPELLANT 2. -.*, / THE RESPONDENT 3. 5 ( ) / THE CIT(A) 4. 5 / CIT CONCERNED 5. 67-08 , 8 , / DR, ITAT, MUMBAI 6. 79:; / GUARD FILE / BY ORDER, / (DY./ASSTT.REGISTRAR) , / ITAT, MUMBAI.