WELVET FINANCIAL ADVISERS P. LTD, AHEMEDABAD V. DCIT CIR 10(2), MUMBAI

ITA 6634/MUM/2009

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7297 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Next Hearing Date: 04-10-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 30-12-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P ARTH SARATHI NAIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G, MUMBAI BEFORE SHRI N.V.VASUDEVAN(J.M) & SHRI J.SUDHAKA R REDDY(A.M) ITA NO.6634/MUM/09(A.Y.2006-07) M/S. WELVET FINANCIAL ADVISERS P. LTD., 1 ST FLOOR, SHOP NO.2, PATEL VAS, OPP. PETROL PUMP,NR. KHODIYAR MATA MANDIR, MEMNAGAR, AHMEDABAD 380052 PAN:AAACW 5360N (APPELLANT) VS. DCIT, CIR.10(2), MUMBAI. (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI PARTHSARATHI NAIK DATE OF HEARING : 4/10/2011 DATE OF PRONOUNCEMENT : 7/10/2011 ORDER PER N.V.VASUDEVAN, J.M, THIS IS AN APPEAL BY THE ASSESSEE AGAINST THE ORDE R DATED 26/10/2009 OF CIT(A) 22, MUMBAI RELATING TO ASSESSMENT YEAR 2 006-07. 2. THIS CASE WAS LISTED FOR HEARING ON 4/10/2011, HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF H EARING. NO ADJOURNMENT PETITION SEEKING ADJOURNMENT OF THE CASE WAS ALSO F ILED. EARLIER THE CASE WAS ADJOURNED AT THE REQUEST OF THE ASSESSEE ON 23/ 9/10, 22/11/10 AND 23/3/11. THE ABOVE CONDUCT ON THE PART OF THE ASS ESSEE SHOWS THAT IT IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY I T. THEREFORE, FOLLOWING THE DECISION OF THE TRIBUNAL REPORTED IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD.38 ITD 320 (DEL) AND THE DECISION OF THE HONB LE MADHYA PRADESH HIGH ITA NO.6634/MUM/2009(A.Y. 2006-07) 2 COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLK AR VS. CWT, 223 ITR 480 (M.P) THE APPEAL FILED BY THE ASSESSEE IS DISMISS ED IN LIMINE. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUCH NON-APPEARANCE ON THE APPOINTED DATE, THE TRIBUNAL AT ITS DISCRETION MAY RECALL THIS ORDER. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 7 TH DAY OF OCT. 2011. SD/- SD/- ( J.SUDHAKAR REDDY ) (N.V.VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED. 7 TH OCT..2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3 . THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RG BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM. ITA NO.6634/MUM/2009(A.Y. 2006-07) 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 4/10/11 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 5/10/11 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 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER