ABHAY G. PAGDHARE, THANE V. ACIT, MUMBAI

ITA 6632/MUM/2009

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 49590 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 6 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 20-12-2010
• Assessment Year: 2005-2006
• Appeal Filed On: 30-12-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K B MENON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI R.K.PANDA, ACCOUNTANT MEMBER I.T.A. NO. 6632/MUM/2009 (ASSESSMENT YEAR 2005-06) DR. ABHAY G. PAGDHARE PHILIA HOSPITAL, AT TEMBHODE ROAD, PALGHAR, TAL. PALGHAR, DIST.THANE 401 404 MAHARASHTRA PAN NO: AFJPP7458R VS. C.I.T A(II) OFFICE OF THE COMMISSIONER OF INCOME TAX (A)-II, THANE, VARDAAN, 9 TH FLOOR, MIDC, WAGLE INDL. ESTATE, THANE, MAHARASHTRA (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI P.K. B. MENON O R D E R PER R.K. PANDA, A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 27.10.2009 OF THE CIT(A)-II, THANE RELATING TO ASSE SSMENT YEAR 2005-06. 2. THIS APPEAL WAS FIXED FOR HEARING TODAY. NONE APPEA RED ON BEHALF OF THE ASSESSEE WHEN THE NAME OF THE ASSESSEE WAS CALL ED. NO PETITION SEEKING ADJOURNMENT OF THE CASE HAS BEEN FILED. THE CONDUC T OF THE ASSESSEE SHOWS THAT HE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY HIM. THEREFORE, FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA PVT. LTD. REPORTED IN 38 ITD 320 AS WELL AS THE JUDGMENT OF H ON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. I.T.A. NO. 6632/MUM/2009 DR. ABHAY G. PAGDHARE 2 3. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUCH NON-APPEARANCE ON THE DATE OF HEA RING, THE TRIBUNAL MAY, AT ITS DISCRETION, RECALL THE ORDER. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 28 TH JULY, 2011. SD/- ( D.K. AGARWAL ) JUDICIAL MEMBER SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI, DATED : 28/07/2011 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, A - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI