SIGN DESIGN P. LTD, V. ITO WD 9(3),

MA 515/MUM/2011

• Counselvise Citation: [2012] 123 COUNSELVISE.COM (IT) 9517 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 25 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 19-10-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: E
• Next Hearing Date: 19-10-2012
• Assessment Year: 2005-2006
• Appeal Filed On: 24-10-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI E BENCH MUMBAI BENCHES, MUMBAI BEFORE SHRI P M JAGTAP , AM & SHRI VIJAY PAL RAO, JM MISCALLANEOUS APPLICATION NO. 515/MUM/2011 ARISING OUT OF ITA NO. 1614/MUM/2009 (ASST YEAR 2005-06 ) SIGN DESIGN P LTD 190A SHAM SADAN BLDG ROAD NO. 12 BHULESHWAR MUMBAI 4 VS THE INCOME TAX OFFICER WARD 9(3), MUMBAI (APPLICANT) (RESPONDENT) PAN NO. AAECS3769B ASSESSEE BY NONE REVENUE BY SH OM PRAKASH MEENA DT.OF HEARING 19 TH OCT 2012 DT OF PRONOUNCEMENT 19 TH OCT 2012 PER VIJAY PAL RAO, JM THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESS EE IS DIRECTED AGAINST THE ORDER DATED 18 TH FEB 2011 OF THIS TRIBUNAL IN ITA NO.1614/MUM/2009 FOR THE ASSESSMENT YEAR 2005-06. 2 NONE HAS APPEARED ON BEHALF OF THE ASSESSEE WHEN THIS MISCELLANEOUS APPLICATION WAS CALLED FOR HEARING. WE NOTE THAT EVEN ON EARLIER OCCASIONS WHEN THE MA WAS LISTED FOR HEARING NONE HAS APPEARED ON BEHALF OF THE ASSESSEE. THUS, IT IS EVIDENT FROM THE RECORD THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE PRESENT MISCELLANEOUS APPLICATION DESPITE NOTICE OF HEARING OF THE MISCELLANEOUS APPLICATION WAS DULY SERVED ON THE ASSESSEE; THEREF ORE, THE SAME DESERVED TO BE DISMISSED FOR NON PROSECUTION. ACCORDINGLY, WE D ISMISS THE MISCELLANEOUS APPLICATION AS NOT ADMITTED BY FOLLOWING THE DECIS IONS OF THE HONBLE MADHYA MA 515/M/2011 2 PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE T UKOJIRAO HOLKAR VS CWT(223 ITR 480(MP) AND BY THE DELHI BENCH OF THE TRIBUNAL IN T HE CASE OF CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320 (DEL). 3 IN THE RESULT, THE MISCELLANEOUS APPLICATION FILE D BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING I.E. ON 19 TH OCT 2012. SD/- SD/- ( P M JAGTAP ) ACCOUNTANT MEMBER ( VIJAY PAL RAO ) JUDICIAL MEMBER PLACE: MUMBAI : DATED: 19 TH , OCT 2012 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI