ANIL LAXMICHAND SHA H, MUMBAI V. ACIT 24(1), MUMBAI

ITA 6175/MUM/2009

• Counselvise Citation: [2010] 135 COUNSELVISE.COM (IT) 4598 (ITAT-MUMBAI)
• Duration Of Justice: 10 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 30-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Assessment Year: 2005-2006
• Appeal Filed On: 27-11-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV
• Section: 263

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH, MUMBAI. BEFORE SHRI SHRI PRAMOD KUMAR(ACCOUNTANT MEMBER) AN D SMT. ASHA VIJAYARAGHAVAN(JUDICIAL MEMBER I.T.A NO. 6175/ MUM/2009 ASSESSMENT YEAR: 2005-06 ANIL LAXMICHAND SHAHM 307, PREMSONS INDL. ESTATE, JOGESWHARI (E), MUMBAI. PA NO.AADPS 7072 F APPELLANT VS THE ACIT 24(1), BANDRA KURLA COMPLEX, BANDRA, MUMBAI. RESPONDENT APPELLANT BY: NONE RESPONDENT BY : SHRI JITENDRA YADAV O R D E R PER PRAMOD KUMAR: THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 23.9.2009 OF LD COMMISSIONER OF INCOME TAX-24, MUMBAI UNDER SECTION 263 , FOR THE ASSESSMENT YEAR 2005- 06. 2. THE HEARING IN THIS CASE WAS LAST FIXED ON 13.7. 2010 AND AT THE REQUEST OF ASSESSEES COUNSEL, THE HEARING WAS ADJOURNED TO 28.9.2010. B OTH THE PARTIES WERE INFORMED IN THE OPEN COURT. HOWEVER, ON THE DATE FIXED FOR HEARING I.E. ON 28.9.2010, WHEN THE MATTER WAS CALLED ON FOR HEARING, NO ONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT WAS RECEIVED. FROM THE ABOVE, WE INFE R THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL BEFORE THE TRIBUNAL, THEREFO RE, THE SAME IS HEREBY DISMISSED FOR 2 NON-PROSECUTION FOLLOWING THE ORDER OF THE DELHI BE NCH OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 (DEL). 3. IN THE RESULT, APPEAL FILED BY THE ASSESSEE STAN DS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 30 TH SEPTEMBER, 2010 SD/- (ASHA VIJAYARAGHAVAN) (JUDICIAL MEMBER) SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 30 TH SEPTEMBER, 2010 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX, 24-, MUMBAI 4. DEPARTMENTAL REPRESENTATIVE, BENCH D, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI 3