Appeal details
Counselvise Citation
[2010] 135 COUNSELVISE.COM (IT) 3451 (ITAT-MUMBAI)
Assessee PAN
Bench
Appeal Number
Duration Of Justice
1 year(s) 1 month(s) 17 day(s)
Appellant
Respondent
Appeal Type
Income Tax Appeal
Pronouncement Date
23-12-2010
Appeal Filed By
Assessee
Order Result
Dismissed
Bench Allotted
B
Next Hearing Date
10-08-2011
Assessment Year
2000-2001
Appeal Filed On
05-11-2009
Judgement Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER & SHRI R.S.PADVEKAR, JUDICIAL MEMBER/ I.T.A.NO.5912/MUM/2009 A.Y 2000-01 NEW USHA KIRAN CO-OP. HSG. SOCIETY LTD., 15, ML DAHANUKAR MARG, MUMBAI 400 002. PAN NO.AAAAN 1557 A VS. INCOME TAX OFFICER 16 (1)(2), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MR. HARI GOVIND SINGH. [DR] O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 27-8-2009 OF THE LEARNED COMMISSIONER O F INCOME-TAX (APPEALS)-XVI, MUMBAI AND RELATES TO THE ASSESSMENT YEAR 2005-06. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON VA RIOUS OCCASIONS BUT WAS ADJOURNED AS THE BENCH DID NOT FU NCTION. THE APPEAL WAS FIXED FOR HEARING ON 21-12-2010 AND THE PARTIES WERE INFORMED THROUGH NOTICE BOARD. WHEN THE MATTER WAS CALLED UP FOR HEARING ON 21/12/2010, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RE CEIVED. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS A PPEAL FURTHER. HENCE, FOLLOWING THE DECISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 2 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMIS SED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 21 ST DAY OF DECEMBER, 2010. SD/- SD/- (R.S.PADVEKAR) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI:21 ST DECEMBER, 2010. P/-*
