JAYABEN PREMJI CHHEDA, V. ITO 15(2)(2),

MA 33/MUM/2011

• Counselvise Citation: [2011] 123 COUNSELVISE.COM (IT) 6708 (ITAT-MUMBAI)
• Duration Of Justice: 5 month(s) 6 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 24-06-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: J
• Assessment Year: 2005-2006
• Appeal Filed On: 17-01-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: T T JACOB

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH J, MUMBAI BEFORE SHRI R.S.SYAL(A.M) AND SHRI N.V.VASUDEVA N(J.M) MA NO.33/MUM/2011 (ARISING OUT OF ITA NO.3553/M/2009,A.Y. 2005-06) MRS. JAYABEN PREMJI CHHEDA, FLAT NO.15, 3 RD FLOOR, JAL DARSHAN, J.K.MEHTA ROAD, SANTACRUZ (W), MUMBAI 54. PAN:AEUPC 2889M (APPLICANT) VS. THE INCOME TAX OFFICER, WARD 15(2)(2), MUMBAI. (RESPONDENT) APPLICANT BY : SHRI NONE RESPONDENT BY : SHRI T.T.JACOB ORDER PER N.V.VASUDEVAN, J.M, THIS IS A MISCELLANEOUS APPLICATION FILED BY THE A SSESSEE PRAYING THAT THE ORDER OF THE TRIBUNAL DATED 5/2/2010 DISMISSING THE ABOVE APPEAL FOR NON-PROSECUTION SHOULD BE RECALLED AND THE APPEAL BE HEARD AND DECIDED ON MERITS IN ACCORDANCE WITH LAW. 2. THIS MISCELLANEOUS APPLICATION WAS LISTED FOR H EARING ON 13/5/2011 AND WAS ADJOURNED TO 20/5/11. ON 20/5/2011 NONE AP PEARED ON BEHALF OF THE ASSESSEE. THE CASE WAS ADJOURNED TO 10/6/2011. AGAIN ON 10/6/2011 NONE APPEARED ON BEHALF OF THE ASSESSEE. NO ADJOU RNMENT PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED. IN THESE CIR CUMSTANCES WE ARE OF THE VIEW THAT THE ASSESSEE IS NOT INTERESTED IN PROSECU TING THIS MISCELLANEOUS APPLICATION. THEREFORE, THE MISCELLANEOUS APPLICAT ION APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR NON-PROSECUTION. HOWEVER , IF THE ASSESSEE THROUGH MA NO.33/MUM/2011 2 PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUC H NON-APPEARANCE ON THE APPOINTED DATE, THE TRIBUNAL AT ITS DISCRETION MAY RECALL THIS ORDER. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 4 TH JUNE 2011. SD/- SD/- (R.S.SYAL ) (N.V.VASUDEVAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED. 24 TH JUNE .2011 COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RD BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI. VM. MA NO.33/MUM/2011 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 10/6/2011 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 13/6/2011 SR.PS/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS SR.PS/PS 6. KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7. FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER