SHAKTI DEVELOPERS, MUMBAI V. ITO WD 2(4), MUMBAI

ITA 5444/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1596 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 09-06-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2005-2006
• Appeal Filed On: 01-10-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NISHAN VYAS

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH I, MUMBAI BEFORE SHRI D.K. AGARWAL, J.M AND SHRI A.L. GEHLOT , A.M. ITA NO. 5444/M/2009 ASSESSMENT YEAR: 2005-06 M/S SHAKTI DEVELOPERS, APPELLANT SHOP NO. 3, SARVODAY RESIDENCY, NEW GOLDEN NEST ROAD, MIRA ROAD (E) (PAN AAYFS6717N) VS. INCOME TAX OFFICR, RESPONDENT WARD 2(4), 1 ST FLOOR, VARDHAN BUILDING, MIDC WAGLE ESTATE, THANE (W). APPELLANT BY : NONE RESPONDENT BY : MR. NISHAN VYAS ORDER PER A.L. GEHLOT, A.M.: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF CIT-I, MUMBAI, PASSED ON 19.02.2009 FOR THE AS SESSMENT YEAR 2005-06. 2. IN THIS CASE, NOTICE WAS SENT BY RPAD FIXING THE APPEAL FOR HEARING ON 09.06.2010, WHICH WAS RETURNED BACK BY P OSTAL AUTHORITIES. SINCE NONE APPEARED ON BEHALF OF THE A SSESSEE ON THE DATE OF HEARING, RESPECTFULLY FOLLOWING THE DECISI ON OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AND MADHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 IT R 480), WE DISMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROS ECUTION. ITA NO. 5444/M/09 M/S SHAKTI DEVELOPERS 2 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. PRONOUNCED IN OPEN COURT ON THIS 9 TH DAY OF JUNE, 2010. SD/- SD/- (D.K. AGARWAL) (A.L. GEHLO T) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED: 9 TH JUNE, 2010. COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, I BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON 9.6.10 SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR 9.6.10 SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER