M/S. CLASSIC CREDIT LTD, MUMBAI V. THE ACIT CEN CIR-40,

ITA 7529/MUM/2007

• Counselvise Citation: [2011] 119 COUNSELVISE.COM (IT) 7307 (ITAT-MUMBAI)
• Duration Of Justice: 3 year(s) 11 month(s) 4 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Next Hearing Date: 22-11-2011
• Assessment Year: 2002-2003
• Appeal Filed On: 18-12-2007
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: D S SUNDER SINGH
• Assessee Lawyers: DR P DANIEL

Judgement Text

ITA NOS7280 7529 977 368 AND 1305 CLASSIC CREDIT LTD MUMBAI PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NOS. 7280 & 7529/MUM/2007, ITA NOS.368, 977 & 1305/MUM/2008 (ASSESSMENT YEARS: 2001-02 TO 2004-05) CLASSIC CREDIT LTD A.C.I.T. CENTRAL CIRCLE RADHA BHAVAN CENTRAL CIRCLE-40 1 ST FLOOR, 121 NAGINDAS MUMBAI MASTER ROAD, MUMBAI 400023 VS PAN AABCC 4018 N APPELLANT RESPONDENT APPELLANT BY: DR.P. DANIEL RESPONDENT BY: SHRI D.S. SUNDER SINGH DATE OF HEARING: 22/11/11 DATE OF PRONOUNCEMENT: 22/11/11 O R D E R PER BENCH. THESE FIVE APPEALS ARE FILED BY THE ASSESSEE IN THE RESPECTIVE ASSESSMENT YEARS AGAINST THE ORDERS OF THE CIT (A) CENTRAL VII, MUMBAI. THESE CASES HAVE BEEN POSTED FROM 06.03.200 9 ONWARDS AND WERE BEING ADJOURNED NUMBER OF TIMES DUE TO ADJ OURNMENT SOUGHT BY THE COUNSELS OR FOR THE REASON THAT THE B ENCH DID NOT FUNCTION ON CERTAIN DATES. IN APRIL, 2010 THE CASE WAS ALSO ADJOURNED ON THE REASON THAT THE CONNECTED CASE OF TRIUMPH SECURITIES LTD WAS HEARD BY THE SPECIAL BENCH AND M AY HAVE SOME BEARING ON THE PRESENT APPEALS. AFTER THAT THE CASE WAS AGAIN POSTED IN JUNE, JULY AND AUGUST 2010 AND SUBSEQUENTLY TILL NOW ON VARIOUS DATES AND THERE WAS NO COMPLIANCE. AS IT TR ANSPIRED SUBSEQUENTLY THAT THE COMPANY IS UNDER LIQUIDATION AND THE LIQUIDATOR WAS APPOINTED, NOTICES WERE ISSUED TO TH E OFFICIAL LIQUIDATOR POSTING THE CASE W.E.F. 06.07.2011, 08.0 8.11, 29.09.11 SUBSEQUENTLY ON 22.11.11. THERE WAS ACKNOWLEDGEMENT ON RECORD OF NOTICES BEING SERVED. THERE IS NO RESPONSE FROM THE ASSESSEE OR ITA NOS7280 7529 977 368 AND 1305 CLASSIC CREDIT LTD MUMBAI PAGE 2 OF 2 FROM THE REPRESENTATIVE OF THE LIQUIDATOR. THE LD S TANDING COUNSEL DR DANEIL INFORMS THAT THERE WAS NO RESPONSE FROM T HE ASSESSEE IN EARLIER OCCASIONS. 2. IN VIEW OF THIS, WE ARE OF THE OP INION THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEALS. HENCE FO LLOWING 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 DEC ISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ES TATE OF LATE TUKOJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 ( MP), AND FURTHER BY THE DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION O F INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009, WE DISMISS TH IS APPEAL AS UN- ADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. I N CASE THE ASSESSEE COMES UP WITH SUFFICIENT AND REASONABLE CA USE FOR NOT APPEARING ON THE DATE(S), THE APPEALS CAN BE RECALL ED ON THE BASIS OF THE APPLICATION FILED BY THE ASSESSEE AS PER THE RU LES. SUBJECT TO THE ABOVE OBSERVATIONS, THE APPEALS ARE DISMISSED AS UN -ADMITTED. 3. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND NOVEMBER, 2011. SD/- (D.K.AGARWAL) SD/- (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER VNODAN/SPS MUMBAI, DATED 22 ND NOVEMBER, 2011. COPY TO: 1. THE APPELLANT 1. THE RESPONDENT 2. THE CONCERNED CIT(A) 3. THE CONCERNED CIT 4. THE DR, J BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI