METAL PLAST EXIM (I) P. LTD, MUMBAI V. DCIT 8(2), MUMBAI

ITA 5753/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1529 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 18-06-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 29-10-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI VIJAY PAL RAO, JM ITA NO.5753/MUM/2009 : ASST.YEAR 2008-2009 M/S.METAL PLAST EXIM (I) PVT. LTD. 12, NIRAJ INDUSTRIAL ESTATE OFF MAHAKALI CAVES ROAD ANDHERI (EAST), MUMBAI 400 093. PA NO.AADCM5540R. VS. THE DY.COMMISSIONER OF INCOME-TAX RANGE 8(2) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SHRI VIRENDRA OJHA O R D E R PER R.S.SYAL, AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 21.08.2009 IN RELATION TO THE ASSESSMENT YEAR 2008-2009. 2. THE HEARING OF THIS APPEAL WAS FIXED ON 11.06.20 10. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR HAS IT MOVED ANY APPLICATION FOR ADJOURNMENT, INSPITE OF NOTICE. IT IS, THEREFORE, P RESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. ACCORDINGLY, BY APPLYING THE RATIO LAID DOWN BY THE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P.) LTD. [(1991) 38 ITD 320], WE DISMISS THIS APPEAL FILED BY THE APPELLANT-ASSE SSEE AS NOT MAINTAINABLE. 3. IN THE RESULT, THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 18 TH DAY OF JUNE, 2010. SD/- SD/- ( VIJAY PAL RAO ) ( R.S.SYAL ) JUDICIAL MEMBER ACCOUNTANT M EMBER MUMBAI : 18 TH JUNE, 2010 . DEVDAS* ITA NO.5753/MUM/2009 M/S.METAL PLAST EXIM (I) PRIVATE LIMITED. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENTS. 3. THE CIT CONCERNED 4. THE CIT(A)-VIII, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.