CROWN MARITIME CO. INDIA LIMITED, V. I.T.O.9(1)(2),

MA 140/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 7255 (ITAT-MUMBAI)
• Duration Of Justice: 8 month(s) 15 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 18-11-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2003-2004
• Appeal Filed On: 04-03-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: ALEXANDER CHANDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K, MUMBAI BEFORE SHRI D. MANMOHAN, V.P. AND SHRI R.K.PANDA, A .M. M.A. NO. 140/MUM/2011 (ARISING OUT OF I.T.A NO.159/MUM/2008) ASSESSMENT YEAR 2003-04 M/S. CROWN MARITIME CO. I. PVT. LTD. B/3201, GOKUL CONCORDE, THAKUR VILLAGE, W.E. HIGHWAY, KANDIVALI (E), MUMBAI-400 101 PAN NO: AABCC 2060 J VS. ITO-9(1)(2), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI ALEXANDER CHANDY DATE OF HEARING : 18.11.2011 DATE OF PRONOUNCEMENT : 18.11.2011 O R D E R PER R.K. PANDA, A.M. THE ASSESSEE THROUGH THIS MISCELLANEOUS APPLICATIO N REQUESTS THE TRIBUNAL TO RECALL THE EXPARTE ORDER PASSED BY IT, DISMISSING THE APPEAL OF THE ASSESSEE FOR NON APPEARANCE. 2. THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E HAS BEEN FIXED FOR HEARING ON A NUMBER OF OCCASIONS. HOWEVER, DESP ITE SERVICE OF NOTICE THROUGH RPAD, DULY ACKNOWLEDGED BY THE ASSESSEE (CO PIES OF ACKNOWLEDGMENTS PLACED ON RECORD) NO ONE IS APPEARI NG. THIS TYPE OF CONDUCT ON THE PART OF THE ASSESSEE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE MISCELLANEOUS APPLICA TION FILED BY IT. THEREFORE, FOLLOWING THE DECISION OF THE TRIBUNAL I N THE CASE OF MULTIPLAN M.A. NO. 140/MUM/2011 M/S. CROWN MARITIME CO.LTD. 2 INDIA PVT. LTD. REPORTED IN 38 ITD 320 AS WELL AS T HE JUDGMENT OF HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480, THE MISCELL ANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED. 3. IN THE RESULT, THE M.A. FILED BY THE ASSESSEE IS DI SMISSED. PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON 18 TH NOVEMBER, 2011. ( D. MANMOHAN ) JUDICIAL MEMBER (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI, DATED : 18.11.2011 COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T. 4. CIT (A) 5. THE DR, K- BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ROSHANI