CHOKSI BROTHERS, MUMBAI V. ITO WD 12(3)(4), MUMBAI

ITA 7947/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9425 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 21-11-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2008-2009
• Appeal Filed On: 24-11-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: OM PRAKASH MEENA

Judgement Text

PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C, MUMBAI BEFORE SHRI D. KARUNAKARA RAO , ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. 7947/MUM/2011 (ASSESSMENT YEAR: 2008-09) M/S. CHOKSI BROTHERS, 4/5, WESTERN INDIA HOUSE, SIR P. M. ROAD, FORT, MUMBAI-400 001 PAN: AAAFC 5043 R VS INCOME-TAX OFFICER, WARD- 12(3)(4), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI OM PRAKASH MEENA DATE OF HEARING :06-11-2012 DATE OF PRONOUNCEMENT :06-11-2012 O R D E R PER VIVEK VARMA, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER OF LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-23, MUMBAI DAT ED 12.09.2011 AND RELATES TO THE ASSESSMENT YEAR 2008-09. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON 06.11.201 2 AND ISSUED NOTICE THROUGH RPAD, WHICH WAS DULY SERVED ON TH E ASSESSEE BY THE POSTAL AUTHORITIES. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL FURTHER AS NONE APPEARED ON BEHA LF OF THE ASSESSEE NOR ANY ADJOURNMENT LETTER HAS BEEN RECEIVED BY OR ON BEHALF OF THE ASSESSEE. HENCE, FOLLOWING THE DECISION OF THE ITAT, IN THE CASE OF MULTIPLAN INDIA LTD., REPORTED IN 38 ITD 320 (DEL) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR VS CWT, REPORTED IN (1997) 223 ITR 480 (MP), THE M/S. CHOKSI BROTHERS ITA NO. 7947/MUM/2011 PAGE 2 OF 2 APPEAL FILED BY THE ASSESSEE IS DISMISSED, FOR WANT OF PROSEC UTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 6 TH NOVEMBER, 2012. SD/- SD/- (D. KARUNAKARA RAO) (VIVEK VARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI : 6 TH NOVEMBER, 2012 COPY TO: 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT (A)-23, MUMBAI. 4) THE CIT -12, MUMBAI 5) THE DR, C BENCH MUMBAI BY ORDER / / TRUE COPY / / ASST. REGISTRAR, ITAT, MUMBAI *CHAVAN