PRAMOD P. SHAH, MUMBAI V. ADDL CIT RG 12(1), MUMBAI

ITA 6383/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 8555 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 19-09-2013
• Assessment Year: 2008-2009
• Appeal Filed On: 16-09-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJARSHI DWIVEDYDR
• Assessee Lawyers: N O N E

Judgement Text

ITA NO.6383 OF 2011 PRAMOD P SHAH MUMBAI - MULTIPLA N PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO.6383/MUM/2011 (ASSESSMENT YEAR: 2008-09) PRAMOD P. SHAH, 4/5 HAJI KASAM BUILDING, 1 ST FLOOR, TAMARIND LANE, FORT, MUMBAI 400 001 PAN: AAGPS 1012 A VS. ADDL. CIT, RANGE 12(1), AAYAKAR BHAVAN, MK ROAD, MUMBAI 400020 (APPELLANT) (RESPONDENT) ASSESSEE BY: N O N E DEPARTMENT BY: SHRI RAJARSHI DWIVEDY,DR DATE OF HEARING: 04/10/2012 DATE OF PRONOUNCEMENT: 19/10/2012 O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 16.09 .2011 AGAINST THE ORDER OF THE LEARNED CIT(A)-32, MUMBAI, DATED 29.06.2011 IN RELATION TO ORDER UNDER SECTION 143(3 ) OF THE ACT FOR A.Y. 2008-09. 2. THIS APPEAL WAS FIXED FOR HEARING ON 13.08.2012 BUT ADJOURNED TO 04.10.2012 AS BENCH DID NOT FUNCTION D UE TO RESIDENTIAL TRAINING PROGRAMME FOR MEMBERS FROM 11. 8.2012 TO 19.8.2012. HOWEVER, ON THE DATE OF HEARING WHEN THI S APPEAL WAS CALLED UPON FOR HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST FOR ADJOURN MENT. IT THEREFORE APPEARS TO US THAT THE ASSESSEE IS NOT SE RIOUS ABOUT PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION O F THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD., RE PORTED IN 38 ITD 320 (DEL), AS ALSO THE DECISION OF THE HONBLE MADH YA PRADESH ITA NO.6383 OF 2011 PRAMOD P SHAH MUMBAI - MULTIPLA N PAGE 2 OF 2 HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 (MP), AND FURTHER THE DECIS ION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE C ASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPE AL NO. 62 OF 2009, WE DISMISS THIS APPEAL AS UN-ADMITTED FOR WAN T OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT THE APPEAL FILED BY ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 19 TH OCTOBER, 2012. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED 19 TH OCTOBER, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, A BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI