FOCUS COMTRADE P. LTD ( FORMERLY KNOWN AS SOLAR GTRADELINKS P. LTD), MUMBAI V. ITO 2(3)2, MUMBAI

ITA 7327/MUM/2010

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 62617 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 8 month(s) 11 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 06-07-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Next Hearing Date: 03-07-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 26-10-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: M RAJAN

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL F BENCH, MUMBAI . . , . . , . . BEFORE SHRI R.S.SYAL, AM & SHRI AMIT SHUKLA, JM ./ ITA NO.7327/MUM/2010 ( / ASSESSMENT YEAR :2005-2006) FOCUS COMTRADE P. LTD.(FORMERLY KNOWN AS SOLAR GTRADELINKS P. LTD.), FORBES BLDG, 3 RD FLOOR, CHARANJIT SINGH RAI MARG, FORT, MUMBAI-400 001. VS. ITO 2(3)2, MUMBAI-400 020. ./ ./PAN NO. AADCS 1570 P ( /APPELLANT ) : ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : MR. M. RAJAN / DATE OF HEARING : 3 RD JULY, 2012 / DATE OF PRONOUNCEMENT : 6 TH JULY, 2012 / O R D E R PER AMIT SHUKLA (J.M.) : THIS APPEAL HAS BEEN FILED BY T HE ASSESSEE AGAINST THE ORDER DATED 3-9-2010, PASSED BY THE CIT(A )-6, MUMBAI FOR THE QUANTUM OF ASSESSMENT PASSED UNDER SECTION 143( 3) FOR THE ASSESSMENT YEAR 2005-2006. 2 . THE APPEAL WAS FIXED FOR HEARING ON 9 TH MAY, 2012. DESPITE ISSUE OF NOTICE OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. IT APPEARS THAT THE ASSESSEE IS NOT INTE RESTED IN THE PROSECUTION OF THE ITA NO : 7327/M/10 2 CASE. WE FIND THAT THE RATIO EMANATING FROM THE DECISION RENDERED BY HONBLE MADHYA PRADESH HIGH COUR T IN THE CASE OF LATE TUKOJIRAO HOLKAR VS. COMMISSIONER OF WEALTH TAX 223 ITR 480 AND THE TRIBUNAL DECISION IN CIT VS. MU LTIPLAN INDIA LIMITED 38 ITD 320 IS THAT THE APPEAL CAN BE DISMISSED FOR NON-PROSECUTION. HENCE, FOLLOWING THE PRECEDENT, WE DISMISS THIS APPEAL FOR NON-PROSECUTION IN LIMINE. 3. HOWEVER, IF THE ASSESSEE THR OUGH PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUCH NON APPEARAN CE ON THE DATE OF HEARING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THIS ORDER. 4 . IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH JULY, 2012 . 6 TH JULY, 2012 ( . . ) ( ) ( R.S.SYAL) ( AMIT SHUKLA) /ACCOUNTANT MEMBER /JUDICIAL MEMBER MUMBAI; DATED 06 / JULY /2012 . . / PKM. . ./PS ITA NO : 7327/M/10 3 / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A)- 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE. //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI