QUICK BUILDERS, MUMBAI V. ACIT 23(3), MUMBAI

ITA 5501/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 55130 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 9 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-09-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2003-2004
• Appeal Filed On: 06-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: DR B SENTHIL KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI D BENCH BEFORE SHRI N.V.VASUDEVAN, JUDICIAL MEMBER & SHRI T.R.SOOD, ACCOUNTANT MEMBER I.T.A.NOS.5501, 5502 & 5503/MUM/2010 A.YRS. 2003-04, 2004-05 & 2005-06 M/S QUICK BUILDERS, PLOT NO.32,PRATIKSHA NIMBKAR SOCIETY, MULUND COLONY, MULUND (W), MUMBAI 400 082. PAN NO: AAAFQ 0175 C VS. ASST. COMMISSIONER I.T.23(3), MUMBAI. (APPELLANT) (RESPONDENT) NONE APPELLANT BY : DR. B. SENTHILKUMAR. RESPONDENT BY : DATE OF HEARING: 15/09/2011 DATE OF PRONOUNCEMENT: 15/09/2011 O R D E R PER T.R.SOOD, AM: THE APPEALS FILED BY THE ASSESSEE ARE DIRECTED AGAI NST THE ORDERS OF THE LEARNED COMMISSIONER OF INCOME-TAX (A PPEALS), MUMBAI AND RELATES TO THE ASSESSMENT YEAR 2003-04, 2004-05 AND 2005-06. 2. THE APPEALS IN THIS CASE WERE FIXED FOR HEARING ON 15-09-2011. FROM THE SCRUTINY OF RECORDS WE FIND THAT NOTICE DA TED 2/8/2011 WAS DULY SENT BY RPAD AT THE ADDRESS GIVEN BY THE ASSES SEE IN FORM NO.36. THIS NOTICE HAS NOT COME BACK UN-SERVED AND HENCE S ERVICE IS PRESUMED. WHEN THE MATTER WAS CALLED UP FOR HEARIN G ON 15-09-2011, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESS EE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. IT SEEMS THA T THE ASSESSEE IS 2 NOT INTERESTED TO PURSUE ITS APPEALS FURTHER. HENCE , FOLLOWING THE DECISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN I NDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA P RADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR V. CWT ( 1997) 223 ITR 480(MP), THE APPEALS FILED BY THE ASSESSEE ARE DISM ISSED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEALS ARE DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 15/9/2011. SD/- SD/- (N.V.VASUDEVAN) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 15/9/2011. P/-*