IHP FINVEST LTD, MUMBAI V. ACIT (OSD) CIR 2(2), MUMBAI

ITA 608/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56213 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 10 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 18-12-2012
• Assessment Year: 2006-2007
• Appeal Filed On: 25-01-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 IHP FINEVEST LTD IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI I BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI T R SOOD, AM & SHRI VIJAY PAL RAO, J M ITA NO. 608/MUM/2010 (ASST YEAR 2006-07) IHP FINEVEST LTD CONSTRUCTION HOUSE -2 ND FLOOR 5 WALCHAND HARACHAND ROAD BALLARD ESTATE - MUMBAI VS THE ASST COMMR OF INCOME TAX(OSD) CIR 2(2), MUMBAI (APPELLANT) (RESPONDENT) PAN NO. AAAC15206P ASSESSEE BY NONE REVENUE BY SH O A MAO DT.OF HEARING 21 ST DEC 2011 DT OF PRONOUNCEMENT 21 ST DEC 2011 ORDER PER VIJAY PAL RAO, JM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 23 RD NOV 2009 OF THE CIT(A) FOR THE ASSESSMENT YEAR 20 06-07. 2 AT THE TIME OF HEARING FIXED IN THIS CASE TODAY I.E. 21 ST DEC 2011 NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT WAS FILED. THIS TYPE OF CONDUCT ON TH E PART OF THE ASSESSEE SHOWS THAT HE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY HIM. ACCORDINGLY, WE DISMISS THE APPEAL AS NOT ADMITTED BY FOLLOWING THE DECISIONS OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS CWT(223 ITR 480(MP) AND BY THE DELHI BENCH OF THE T RIBUNAL IN THE CASE OF CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320 (DEL). 2 IHP FINEVEST LTD 3 HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATI ON CAN SATISFY THE TRIBUNAL FOR SUCH NON APPEARANCE ON THE DATE OF HEA RING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THIS ORDER. 4 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E. 21.12.2011. SD/ SD/- ( T R SOOD ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 21 DEC 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI