FERARI INVESTMENTS & TRADING COMPANY P. LTD, MUMBAI V. DCIT RG 5(1), MUMBAI

ITA 6260/MUM/2009

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 1081 (ITAT-MUMBAI)
• Duration Of Justice: 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 16-06-2014
• Assessment Year: 2006-2007
• Appeal Filed On: 03-12-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: R M TIWARI
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'F' BENCH, MUMBAI BEFORE SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 6260/MUM/2009 (ASSESSMENT YEAR: 2006-07) M/S. FERARI INVESTMENT & TRADING DCIT, RANGE 5(1) CO. PVT. LTD., 156-D, J. DADAJEE MUMBAI ROAD, TARDEO, MUMBAI 400034 VS. PAN - AAACF 2986 P APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI R.M. TIWARI O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 03.12 .2009 AGAINST THE ORDER OF THE LEARNED CIT(A) IX, MUMBAI DATED 16.09. 2009 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FO R A.Y. 2001-02. 2. THIS APPEAL WAS FIXED FOR HEARING BEFORE US ON 1 2.07.2010 BUT NO ONE APPEARED ON BEHALF OF THE ASSESSEE. ON PERUSAL OF R ECORD IT IS NOTICED THAT NOTICE OF HEARING WAS ISSUED THROUGH REGISTERED POS T WAS RETURNED BY THE POSTAL DEPARTMENT. SINCE THIS APPEAL WAS PREFERRED BY THE ASSESSEE IT WAS INCUMBENT UPON IT TO FURNISH THE CORRECT POSTAL ADD RESS TO THE TRIBUNAL. THE TRIBUNAL MADE ITS EFFORT TO SERVE THE NOTICE OF HEA RING AT THE GIVEN ADDRESS OF THE ASSESSEE BUT FAILED TO DO SO. IT THEREFORE APPE ARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOUT PURSING THIS APPEAL. HENCE FOL LOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (DEL); AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT, REPORTED IN ITA NO. 6260/MUM/2009 M/S. FERARI INVESTMENT & TRADING CO. PVT. LTD. 2 223 ITR 480 (MP), WE DISMISS THIS APPEAL AS UNADMIT TED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 16 TH JULY 2010. SD/- SD/- (N.V. VASUDEVAN) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 16 TH JULY 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) IX, MUMBAI 4. THE CIT V, MUMBAI CITY 5. THE DR, F BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.