CROWN MERY TIME CO. LTD, V. ITO WD 9(1)(2),

MA 573/MUM/2009

• Counselvise Citation: [2010] 123 COUNSELVISE.COM (IT) 4987 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 23 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 09-09-2010
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: K
• Assessment Year: 2003-2004
• Appeal Filed On: 17-08-2009
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: JI TENDRA YADAV

Judgement Text

MA NOS. 572 & 573/MUM/2009 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH K MUMBAI BEFORE SHRI D MANMOHAN, VP & SHRI R K PANDA, AM M.A NOS. 572 & 573/MUM/2009 ARISING OUT OF ITA NOS. 158 & 159/MUM/2008 (ASSESSMENT YEAR 2003-04) M/S CROWN MARITIME CO (I)LTD B-3201, 32 ND FLOOR GOKUL CONCORDE THAKR VILLAGE, W E HIGHWAY KANDIVILI (E) MUMBAI 11 THE INCOME TAX OFFICER WARD 9(1)(2), MUMBAI (APPELLANT) VS (RESPONDENT) PAN AABCC2060J ASSESSEE BY: NONE REVENUE BY: JITENDRA YADAV /DR O R D E R PER R K PANDA: THE ASSESSEE, THROUGH THESE MISCELLANEOUS APPLICAT IONS REQUESTS THE TRIBUNAL TO RECALL THE ORDER PASSED BY IT DISMISSING THE AP PEAL OF THE ASSESSEE FOR NON- PROSECUTION. 2 NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE S ERVICE OF NOTICE. NO ADJOURNMENT PETITION IS ALSO FILED. IT IS SEEN THAT THE CASE WAS GETTING ADJOURNED FROM TIME TO TIME FOR VARIOUS REASONS. IT IS SEEN THAT AFTER THE CASE WAS FIXED FOR HEARING ON 1.1.2010, THE CASE HAS BEEN ADJOURNED FO R MORE THAN SEVEN TIMES. UNDER THESE CIRCUMSTANCES, WE ARE OF THE OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THESE MISCELLANEOUS APPLICATIONS. ACCOR DINGLY, WE DISMISS THESE MISCELLANEOUS APPLICATIONS FOLLOWING THE DECISIONS OF THE HONBLE MADHYA PRADESH HIGH COURT IN ESTATE OF LATE TUKOJIRAO HOLKAR VS CW T(223 ITR 480(MP) AND BY THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF CIT VS M ULTIPLAN (INDIA) PVT LTD (38 ITD 320 (DEL). MA NOS. 572 & 573/MUM/2009 3 IN THE RESULT, THE MISCELLANEOUS APPLICATIONS FILE D BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THE 9TH DAY OF SEPT 2010. SD/- SD/- (D MANMOHAN ) VICE PRESIDENT ( R K PANDA ) ACCOUNTANT MEMBER PLACE: MUMBAI : DATED: 9 TH SEPT 2010 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR, ITAT, MUMBAI