NEPRO INDUSTRIES, MUMBAI V. ITO 3(1), MUMBAI

ITA 6673/MUM/2010

• Counselvise Citation: 667319914 RSA 2010
• Duration Of Justice: 1 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-10-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 13-10-2011
• Assessment Year: 2006-2007
• Appeal Filed On: 16-09-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: G P TRIVEDI

Judgement Text

1 ITA NO.6673/MUM/2010 NAPR O INDUSTRIES. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI B BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI B.R. MITTAL, JM & SHRI R K PANDA, AM ITA NO. 6673/MUM/2010 (ASST YEAR 2006-07) NEPRO INDUSTRIES, 582, KAMAL KUNJ, J.J. ROAD, MATUNGA, MUMBAI 400 019. VS INCOME TAX OFFICER 3(1), MUMBAI. (APPELLANT) (RESPONDENT) PAN NO. AAAFN 1500C APPELLANT BY : NONE RESPONDENT BY : S HRI G.P. TRIVEDI DATE OF HEARING 1 3.10.2011 DATE OF PRONOUNCEMENT 1 3 .10.2011 ORDER PER R K PANDA, AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 15.11.2009 OF THE CIT(A)- 1, THANE, RELATING TO AS SESSMENT YEAR 2006-07. 2 THIS CASE WAS FIXED FOR HEARING ON A NUMBER OF O CCASIONS AND WAS LAST FIXED FOR HEARING WAS FIXED ON 6.09.2011. ON T HAT DATE, AN APPLICATION WAS MOVED BY THE LD. COUNSEL FOR THE ASSESSEE SEEKI NG ADJOURNMENT OF THE CASE ON THE GROUND THAT THEY ARE IN THE PROCESS OF COMPILING REQUISITE DETAILS. ACCORDINGLY, THE MATTER WAS ADJOURNED TO 13.10.2011. TODAY, WHEN THE NAME OF THE ASSESSEE WAS CALLED, A PEON FROM TH E OFFICE OF THE ASSESSEE WAS PRESENT TO SEEK FURTHER ADJOURNMENT. 2 ITA NO.6673/MUM/2010 NAPR O INDUSTRIES. 3. ON PERUSAL OF THE MATERIAL AVAILABLE ON RECORD, WE FIND THIS IS AN EARLY HEARING MATTER. HENCE, THE ADJOURNMENT PETITION FIL ED BY THE ASSESSEE IS REJECTED. THIS TYPE OF CONDUCT ON THE PART OF THE A SSESSEE SHOWS THAT IT IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY IT. ACCORDINGLY, WE DISMISS THE APPEAL AS NOT ADMITTED BY FOLLOWING THE DECISIONS O F THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE T UKOJIRAO HOLKAR VS CWT(223 ITR 480(MP) AND BY THE DELHI BENCH OF THE T RIBUNAL IN THE CASE OF CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320 (DEL). 3. HOWEVER, IF THE ASSESSEE THROUGH PROPER APPLICAT ION CAN SATISFY THE TRIBUNAL FOR SUCH NON APPEARANCE ON THE DATE OF HEA RING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THIS 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 13.10.2011. SD/- SD/- ( B.R. MITTAL ) JUDICIAL MEMBER ( R K PANDA ) ACCOUNTANT MEMBER PLACE: MUMBAI: DATED: 13.10.2011 RK COPY FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 1, THANE 4. THE CIT II, THANE 5. THE DR BENCH, B 6. MASTER FILE // TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT, MUMBAI