KLT AUTOMOTIVE & TUBULAR PRODUCTS LTD ( FORMERLY THAKKARSONS AUTO ANCILLARY INDIA LTD), MUMBAI V. ACIT RG 9(3), MUUMBAI

ITA 7026/MUM/2008

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2029 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-05-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 31-12-2009
• Assessment Year: 2002-2003
• Appeal Filed On: 11-12-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PEEYUSH JAIN

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI. BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER I.T.A. NO. 7026 & 7027/MUM/2008. ASSESSMENT YEARS: 2002-03 & 2003-04. KLT AUTOMOTIVE & TUBULAR ASSTT. COMMISSIONER PRODUCTS LTD., (FORMERLY M/S VS. OF INCOME TAX, THAKKARSONS AUTO ANCILLORY CIRCLE-9(3), (INDIA) LTD. ), B-1/1 MAYUR MUMBAI. MA KRUPA SOCIETY, OPP.GOKHALE SCHOOL, SHIMPOLI RIOADM BORIVLI WEST- MUMBAI-4000092. PAN : AAACT3895R APPELLANT RESPONDENT APPELLANT BY : NONE. RESPONDENT BY : SHRI PEEYUSH JAIN. O R D E R PER J. SUDHAKAR REDDY, A.M. BOTH THESE APPEALS ARE FILED BY THE ASSESSEE DIRE CTED AGAINST THE SEPARATE ORDERS OF THE CIT(APPEALS), CENTRAL-I, MUMBAI DATED 25-09- 2008 FOR ASSESSMENT YEARS 2002-03 AND 2003-04. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE WAS ISSUED BY RPAD. EARLIER, A DEFECT MEMO WAS ISSU ED TO THE ASSESSEE INFORMING IT THE DEFECT IN THE APPEAL. THE ASSESSEE HAS NOT RECTIFIED THE SAID DEFECT. UNDER THESE CIRCUMSTANCES, WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF 2 MULTIPLAN (INDIA) LTD. REPORTED IN 38 ITD 320 AND T HE DECISION OF MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR REPORTED IN 223 ITR 480, WE DISMISS THE APPEAL OF T HE ASSESSEE FOR WANT OF PROSECUTION. IN THIS REGARD WE ALSO TAK E SUPPORT FROM THE JUDGMENT OF JURISDICTIONAL HIGH COURT IN THE C ASE OF M/S CHEMIPOL VS. UNION OF INDIA & OTHERS, CENTRAL EXCIS E APPEAL NO. 62 OF 2009, ORDER DATED 17 TH SEPT., 2009 WHEREIN IT WAS HELD THAT EVERY COURT OR TRIBUNAL HAS AN INHERENT POWER TO DISMISS THE PROCEEDING FOR NON PROSECUTION WHEN THE PETITIO NER/APPELLANT BEFORE IT DOES NOT WISH TO PROSECUTE THE PROCEEDING . APPLYING THIS PRINCIPLE, WE DISMISS THE APPEAL. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED ON THIS 21 ST DAY OF MAY, 2010. SD/- SD/- (D. MANMOHAN) (J. SUDHAKAR REDDY) VICE PRESIDENT. ACCOUNTANT MEMBER. MUMBAI, DATED : 21 ST MAY, 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR, A-BENCH. (TRUE COPY) BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI BENCHES, MUMBAI.