TOWER CAPITAL AND FINANCIAL SERVICE P.LTD, V. ITO WD 5(3)(3),

MA 499/MUM/2010

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 5287 (ITAT-MUMBAI)
• Duration Of Justice: 2 month(s) 9 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 15-10-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Assessment Year: 2005-2006
• Appeal Filed On: 06-08-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SU RENDRA KUMAR

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E, MUMBAI BEFORE SHRI R.S.SYAL, AM AND SHRI VIJAY PAL RAO, JM MA NO.499/MUM/2010 : (ARISING OUT OF ITA NO.1206/MUM/2009 : ASST.YEAR 20 05-2006) M/S.TOWER CAPITAL & FINANCIAL SERVICES PRIVATE LIMITED, 4-A, RIZVI PARK, 5-A ALTAMOUNT ROAD, MUMBAI 400 026. PA NO.AAACD3122H. VS. THE INCOME TAX OFFICER WARD 5(3)(3) MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SHRI SURENDRA KUMAR O R D E R PER R.S.SYAL, AM : BY MEANS OF THIS MISCELLANEOUS PETITION THE ASSESSE E SEEKS TO RECALL THE ORDER OF THE TRIBUNAL IN ITA NO.1206/MUM/2006, WHICH WAS DISMISSED BY THE TRIBUNAL AS NOT MAINTAINABLE FOR NON-PROSECUTION VIDE ITS OR DER DATED 21 ST MAY, 2010. 2. WHEN THE PRESENT PETITION WAS CALLED FOR HEARING TODAY I.E. 15.10.2010, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR HAS IT MOVED ANY APPLICATION FOR ADJOURNMENT, DESPITE NOTICE BY RPAD. EARLIER THE TR IBUNAL HAD DISMISSED THE CONNECTED APPEAL OF THE ASSESSEE FOR WANT OF PROSEC UTION FROM ASSESSEES SIDE ON 18.05.2010. IT IS, THEREFORE, PRESUMED THAT THE ASS ESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. ACCORDINGLY, BY APPLYING TH E RATIO LAID DOWN BY THE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P.) LTD. [(1991) 38 ITD 32 0], WE DISMISS THIS MISCELLANEOUS APPLICATION FILED BY THE APPELLANT-ASSESSEE AS NOT MAINTAINABLE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. ORDER PRONOUNCED ON THIS 15 TH DAY OF OCTOBER, 2010. SD/- SD/- ( VIJAY PAL RAO ) ( R.S.SYAL ) JUDICIAL MEMBER ACC OUNTANT MEMBER MUMBAI : 15 TH OCTOBER, 2010. DEVDAS* MA NO.499/MUM/2010 M/S.TOWER CAPITAL AND FINANCIAL SERVICES PVT.LTD. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - V, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.