NITIN DATTARAM SAMANT, MUMBAI V. ACIT 25(3), MUMBAI

ITA 7655/MUM/2010

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 8888 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 9 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-09-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2007-2008
• Appeal Filed On: 08-11-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLA TE TRIBUNAL MUMBAI BENCH B, MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI D. KARUNAKARA RAO, ACCOUNTANT MEMBER I.T.A. NO.7655/M/2010 ASSESSMENT YEAR: 2007-2008 SHRI NITIN DATTARAM SA MANT, PROP. M/S. SAMARTH ERECTORS & DEVELOPERS, 34/665, NILGIRI CHSL, SAMTA NAGAR, KANDIVALI (E), MUMBAI 400 101. PAN:AAGPS5876C VS. ACIT - 25(3), MUMBAI 400 020. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI MOHIT JAIN DATE OF HEARING: 05.09.2012 DATE OF ORDER: 05.09.2012 O R D E R PER D. KARUNAKARA RAO, AM: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 08.11 .2010 AGAINST THE ORDER OF THE LEARNED CIT(A)-35, MUMBAI DATED 08.10. 2010 IN RELATION TO ASSESSMENT YEAR 2007-2008. 2. THIS APPEAL WAS FIXED FOR HEARING ON 5.9.2012 AN D THE SAME WAS INFORMED TO THE ASSESSEE AT THE ADDRESS AS MENTIONED BY THE ASSESSEE AGAINST ITEM NO. 10 OF FORM 36. HOWEVER, ON THE DATE OF HEARING WHEN THIS APPEAL WAS CALLED UPON FOR HEARING, NO ONE APPEARED ON BEHALF OF THE ASSESSED AND THERE IS ALSO I.T.A. NO.7655/M/2010 2 NO APPLICATION OR REQUEST FOR ADJOURNMENT. IT, THER EFORE, APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOUT PURSING THIS APPE AL. 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 TUK OJIRAO HOLKAR VS. CWT, REPORTED IN 223 ITR 480 (MP), AND FURTHER THE DECIS ION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M/S. CHE MIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THI S APPEAL AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. THE ASSESSEE SHALL, HOWEVER, BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT, THE ASSESSEES APPEAL STANDS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS 5 TH DAY OF SEPTEMBER, 2012. SD/- SD/- (D. MANMOHAN) (D. KARUNAKARA RAO) VICE PRESIDENT ACCOUNTANT MEMBER DATE : 05.09.2012 AT :MUMBAI OKK I.T.A. NO.7655/M/2010 3 COPY TO : 1. SHRI NITIN DATTARAM SAMANT, MUMBAI. 2. ACIT-25(3), MUMBAI. 3. THE CIT (A), CONCERNED. 4. THE CIT CONCERNED. 5. THE DR B, BENCH, ITAT, MUMBAI. 6. GUARD FILE. // TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI