M/S. SHREERAM FOUNDATION PVT. LTD, MUMBAI V. THE ITO 8(3)(1), MUMBAI

ITA 6445/MUM/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7864 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 3 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 01-02-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 09-06-2011
• Assessment Year: 2003-2004
• Appeal Filed On: 22-10-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: NAVEEN GUPTA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH E : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI RAJENDRA SINGH ,(AM) ITA NO.6445/MUM/2007 ASSESSMENT YEAR : 2003-04 SHREERAM FOUNDATION PRIVATE LIMITED C/O. SUNIL SABNIS & ASSOCIATES CHARTERED ACCOUNTANTS MANEESHA 7, ANAND NAGAR SWAMI NITANAND MARG, ANDHERI(E) MUMBAI-400 069. ..( APPELLANT ) P.A. NO. (AADCS 8646 N) VS. INCOME TAX OFFICER WARD-8(3)(1) AAYAKAR BHAVAN MUMBAI. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHR I NAVEEN GUPTA O R D E R PER D.K. AGARWAL (JM). THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER PASSED BY THE LD. CIT(A)-XXIX, MUMBAI, DATED 16.07.20 07 FOR THE ASSESSMENT YEAR 2003-04. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNMENT OF TH E CASE. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE THE A PPEAL. ITA NO.6445/M/2007 A.Y: 03-04 2 HENCE, FOLLOWING THE DECISION OF THE TRIBUNAL DELHI BE NCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED REPORTED IN 38 IT D 320, THE APPEAL FILED BY THE ASSESSEE IS TREATED AS UNADMITTED FOR WANT OF PROSECUTION. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO APPROAC H THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, THE ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 01.02.2010. SD/- SD/- (RAJENDRA SINGH) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 01.02. 2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR E BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. ITA NO.6445/M/2007 A.Y: 03-04 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 22.1.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 25.1.10 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON 01-02-10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 03-02-10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER