M/S. SUNCHAN SECURITIES LTD, MUMBAI V. THE ACIT 4(3), MUMBAI

ITA 6198/MUM/2007

• Counselvise Citation: [2010] 119 COUNSELVISE.COM (IT) 6266 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 1 month(s) 16 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-11-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 09-11-2010
• Assessment Year: 1998-1999
• Appeal Filed On: 08-10-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

1 ITA NO 6198/M/2007 I II IN THE INCOME TAX APPELLATE TRIBUNAL N THE INCOME TAX APPELLATE TRIBUNAL N THE INCOME TAX APPELLATE TRIBUNAL N THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH MUMBAI BENCH MUMBAI BENCH MUMBAI BENCH J JJ J MUMBAI MUMBAI MUMBAI MUMBAI BEFORE BEFORE BEFORE BEFORE SHRI D MANMOHAN, VP & SHRI D MANMOHAN, VP & SHRI D MANMOHAN, VP & SHRI D MANMOHAN, VP & SHRI SHRI SHRI SHRI R R R R K PANDA, AM K PANDA, AM K PANDA, AM K PANDA, AM IT ITIT ITA NO A NO A NO A NO. . . . 6198/MUM/2007 6198/MUM/2007 6198/MUM/2007 6198/MUM/2007 (ASSESSMENT YEAR 1998-99) M/S SUNCHAN SECURITIES LTD 302/303 UDHYOG MANDIR NO.1 B K MARG - MOGUL LANE BEHIND JOHNSON & JOHNSON MAHIM (W) MUMBAI 16 VS THE ASST COMMR OF INCOME TAX 4(3), MUMBAI (APPELLANT) (RESPONDENT) PAN PAN PAN PAN AAFCS8953A AAFCS8953A AAFCS8953A AAFCS8953A ASSESSEE BY: NONE REVENUE BY: SHRI SUMEET KUMAR,DR O OO O R RR R D DD D E EE E R RR R PER PER PER PER R RR R K PANDA K PANDA K PANDA K PANDA: :: : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 8 TH AUGUST 2007 OF THE CIT(A)-XIV, MUMBAI RELATING TO ASSESSMENT YEAR 1998-99 2 THIS APPEAL WAS FIXED FOR HEARING ON 23.1.209 AND IT WAS GETTING ADJOURNED FROM TIME TO TIME. THIS APPEAL WAS LAST FIXED FOR H EARING ON 30.8.2010 AND WAS ADJOURNED TO 9.11.2010. FROM THE RECORDS IT IS SEE N THAT IN NONE OF THE DATES, THE ASSESSEE OR HIS COUNSEL WAS PRESENT. ON 9 TH NOV 2010 WHEN THE NAME OF THE ASSESSEE WAS CALLED, NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS NOT EVEN AN ADJOURNMENT PETITION SEEKING ADJOURNMENT RE CEIVED FROM THE ASSESSEE. ALL THESE INDICATE THAT THE ASSESSEE IS NOT INTERES TED IN PROSECUTING THIS APPEAL. ACCORDINGLY, WE DISMISS THE APPEAL AS NOT ADMITTED BY FOLLOWING THE DECISIONS OF THE HONBLE MADHYA PRADESH HIGH COURT IN 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 ITA NO 6198/M/2007 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 DESCRIPTION RECALL THIS ORDER. 4 IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED. ORDER PRONOUNCED ON THE 24 TH , DAY OF NOV 2010. SD/- SD/- ( (( ( D MANMOHAN D MANMOHAN D MANMOHAN D MANMOHAN ) )) ) VICE PRESIDENT ( (( ( R K PANDA R K PANDA R K PANDA R K PANDA ) )) ) ACCOUNTANT MEMBER PLACE: MUMBAI : DATED:24 TH , NOV 2010 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI