PRATIMA KOKANI, MUMBAI V. JCIT RG 19(1), MUMBAI

ITA 6951/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 7676 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 2 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 12-02-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 20-01-2010
• Assessment Year: 2004-2005
• Appeal Filed On: 05-12-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: VIRENDRA OJHA
• Section: 143(3)

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, MUMBAI BEFORE SHRI R.K. GUPTA, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 6951/MUM/2008 (ASSESSMENT YEAR: 2004-05) MRS. PRATIMA KOKANI JCIT, RANGE 19(1) 601, SITA BHUVAN, AHINSA MARG MUMBAI KHAR, MUMBAI VS. PAN - AHBPK 0854 E APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI VIRENDRA OJHA O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 03.12 .2008 AGAINST THE ORDER OF THE LEARNED CIT(A) XX, MUMBAI DATED 18.01. 2007 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FO R A.Y. 2004-05. 2. THIS APPEAL WAS FIXED FOR HEARING BEFORE US ON 2 0.01.2010 FOR WHICH PURPOSE NOTICE OF HEARING WAS SENT THROUGH REGISTER ED POST ON 08.12.2009 AT THE ADDRESS AS MENTIONED BY THE ASSESSEE AGAINST IT EM NO. 10 OF FORM 36. HOWEVER, ON THE DATE OF HEARING WHEN THIS APPEAL WA S CALLED UPON FOR HEARING NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST FOR ADJOURNMENT. IT THEREFOR E APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOUT PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MUL TIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (DEL); AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TU KOJIRAO HOLKAR VS. CWT, ITA NO. 6951/MUM/2008 2 REPORTED IN 223 ITR 480 (MP), WE DISMISS THIS APPEA L AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 12 TH FEBRUARY 2010. SD/- SD/- (R.K. GUPTA) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 12 TH FEBRUARY 2010