NOORUDDIN A. MODI, MUMBAI V. DCIT CEN CIR-42, MUMBAI

ITA 860/MUM/2010

• Counselvise Citation: [2011] 134 COUNSELVISE.COM (IT) 8936 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 17-01-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Next Hearing Date: 17-01-2011
• Assessment Year: 2007-2008
• Appeal Filed On: 04-02-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Assessee Lawyers: NARESH KUMAR BALODIA
• Section: 143(3)

Judgement Text

I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 1 IN THE INCOME TAX APPELLATE TRIBUNAL, B BENCH, MUMBAI. [CORAM : D.MANMOHAN, V.P. AND PRAMOD KUMAR, AM ] I.T.A NO.860/MUM/2010 ASSESSMENT YEAR: 2007-08 NOORUDDIN A MODI .. APPELLANT 130/136, BOOTWALA BLDG., RAUDAT TAHERA STREET, MUMBAI. PA NO.AHFPM 4097 D VS DCIT, CENT. CIRCLE-42 ,. RESPONDENT MUMBAI. NONE FOR THE APPELLANT NARESH KUMAR BALODIA, FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER DATED 26 TH NOVEMBER, 2009 OF THE LEARNED CIT (A)-38, MUMBAI, I N THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT, 1961, F OR THE ASSESSMENT YEAR 2007-08. 2. THE HEARING IN THIS CASE WAS LAST FIXED FOR 4.11 .2010. AT THE REQUEST OF THE LEARNED DEPARTMENTAL REPRESENTATIVE, THE HEARING WA S ADJOURNED TO 17.1.2011 AND THE DATE WAS ANNOUNCED IN THE OPEN COURT. HOWEVER, ON 17.1.2011, WHEN THE MATTER WAS CALLED ON FOR HEARING, NO ONE APPEARED ON BEHAL F OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. FROM THE ABOV E, IT IS CLEAR THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL BEFORE THE TRI BUNAL. WE, THEREFORE, FOLLOWING THE I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 2 DECISION OF THE DELHI BENCH OF THE ITAT IN THE CASE OF MULTIPLAN INDIA (P)LTD., 38 ITD 320 DISMISS THE APPEAL FOR NON-PROSECUTION 3. IN THE RESULT, THE APPEAL STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 17 TH JANUARY, 2011 SD/- (D.MANMOHAN ) (VICE PRESIDENT) SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI, DATED 17 TH JANUARY, 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),38, MUMBAI 4. COMMISSIONER OF INCOME TAX, CENTRAL-IV , MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH B, MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 3 I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 4