M/S. ESHITA DYE CHEM PVT. LTD, MUMBAI V. THE AO ITO 6(2)(3),

ITA 7068/MUM/2007

• Counselvise Citation: [2010] 136 COUNSELVISE.COM (IT) 2223 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 5 month(s) 8 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-05-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 23-04-2010
• Assessment Year: 1997-1998
• Appeal Filed On: 29-11-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: L K AGRAWAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH J : MUMBAI BEFORE SHRI D.K. AGARWAL, (JM) AND SHRI T.R. SOOD, (AM) ITA NO.7068/MUM/2007 ASSESSMENT YEAR : 1997-98 ITA NO.7069/MUM/2007 ASSESSMENT YEAR : 2000-01 M/S. ESHITA DYE CHEM PVT. LTD. 308, PARSHWA CHAMBERS, 19/21 ISSAJI ST., VADGADI MUMBAI-400 003. ..( APPELLANT ) P.A. NO. (AAACE 1467 C) VS. INCOME TAX OFFICER WARD-6(2)(3) AAYAKAR BHAVAN MUMBAI. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI L. K. AGRAWAL O R D E R PER D.K. AGARWAL (JM). THESE TWO APPEALS PREFERRED BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 25.1.1006 PASSED BY T HE LD. CIT(A) FOR THE ASSESSMENT YEARS 1997-98 AND 2000-01 RESPECTIVELY . BOTH THESE APPEALS ARE DISPOSED OF BY THIS COMMON ORDER FOR T HE SAKE OF CONVENIENCE. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNMENT OF TH E CASE. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE THE A PPEALS. HENCE, FOLLOWING THE DECISION OF THE TRIBUNAL DELHI BEN CH IN THE CASE OF ITA NO.7068 & 69/M/07 A.Y:97-98 & 00-01 2 CIT VS. MULTIPLAN INDIA LIMITED REPORTED IN 38 ITD 3 20, THE APPEALS FILED BY THE ASSESSEE ARE TREATED AS UNADMITTED FOR WANT OF PROSECUTION. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO APPROAC H THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, ASSESSEES APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7.5.2010. SD/- SD/- (T.R. SOOD) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED: 7.5.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI. DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 23.4.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 26.4.10 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 7.5.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 11.5.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER