MUKUND GLOBAL FINANCE LTD, MUMBAI V. ITO 3(2)(2), MUMBAI

ITA 6528/MUM/2009

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8477 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 1 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-02-2011
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Bench Allotted: J
• Next Hearing Date: 22-12-2010
• Assessment Year: 2006-2007
• Appeal Filed On: 21-12-2009
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: AJIT KUMAR SINHA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI C BENCH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER & SMT. ASHA VIJAYARAGHAVAN, JUDICIAL MEMBER I.T.A.NO.6258/MUM/2009 A.Y 2005-06 OTIS ELEVATOR COMPANY (INDIA) LTD., MAGNUS TOWERS, 9 TH FLOOR, MIND SPACE, LINK ROAD, MALAD WEST, MUMBAI 400 064. PAN: AAACO 0481 E VS. DY. COMMISSIONER OF INCOME TAX 9(2), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI AJIT KUMAR SINHA. (CIT DR) O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 1-10-2009 OF THE LEARNED COMMISSIONER O F INCOME-TAX (APPEALS)-20, MUMBAI AND RELATES TO THE ASSESSMENT YEAR 2005-06. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON VARIOUS OCCASIONS BUT WAS ADJOURNED AS THE BENCH DID NOT FU NCTION. THE LAST HEARING WAS FIXED FOR 20/12/2010 AND THE ASSESSEE H AD APPLIED FOR ADJOURNMENT WHICH WAS GRANTED FIXING THE HEARING ON 17-02-2011. WHEN THE MATTER WAS CALLED UP FOR HEARING ON 17-02- 2011, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS A NY APPLICATION FOR ADJOURNMENT RECEIVED. IT SEEMS THAT THE ASSESSEE I S NOT INTERESTED TO PURSUE ITS APPEAL FURTHER. HENCE, FOLLOWING THE DEC ISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DE L.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CAS E OF LATE 2 TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 17 TH DAY OF FEBRUARY, 2011. SD/- SD/- (ASHA VIJAYARAGHAVAN) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 17 TH FEBRUARY, 2011. P/-*