M.K. COMMODITY BROKERS LTD, V. ADDLDCIT RG 8(2) CIT RG 4(1),

MA 734/MUM/2012

• Counselvise Citation: [2013] 124 COUNSELVISE.COM (IT) 0352 (ITAT-MUMBAI)
• Duration Of Justice: 4 month(s) 20 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 26-04-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Assessment Year: 2007-2008
• Appeal Filed On: 06-12-2012
• Result in Favour of: Revenue
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH C, MUMBAI BEFORE SHRI VIJAY PAL RAO, JUDICIAL MEMBER & SHRI N.K.BILLAIYA, ACCOUNTANT MEMBER MA NO.734/MUM/2012 (ARISING OUT OF ITA NO.6904/MUM/2010) ASSESSMENT YEAR- 2007-08) M.K. COMMODITY BROKERS LIMITED, 501, HERITAGE PLAZZA, JP ROAD, OPP. INDIAN OIL COLONY, ANDHERI (WEST) MUMBAI - 400 053. PAN: AADCM 6390H) (APPLICANT) VS. THE DCIT RANGE 8(2) MUMBAI. (RESPONDENT) APPLICANT BY : NONE RESPONDENT BY : NONE. DATE OF HEARING : 26/04/20 13 DATE OF PRONOUNCEMENT : 26/04/2013 ORDER PER N.K. BILLAIYA, AM VIDE MISCELLANEOUS APPLICATION FILED AS ABOVE THE ASSESSEE HAS SOUGHT RECALLING OF THE EX-PARTE ORDER DATED 28/05/2012 PA SSED IN ITA NO. ITA NO.6904/MUM/2010, A.Y. 2007-08. 2. THE NOTICE OF HEARING DATED 6/12/2012 WAS SENT TO THE ASSESSEE BY RPAD FIXING THE DATE OF HEARING ON 26/04/2013. HOWEVER , ON THE DATE OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE. NO APPLICATION FOR ADJOURNMENT WAS ALSO FILED. IT IS THEREFORE, PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THIS MISCELLANEOUS APPLICATION AND FOLLOWING TH E DECISION OF THE TRIBUNAL REPORTED IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD.38 ITD 320 (DEL) AND THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE MA NO.734/MUM/2012, 2 OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (M. P) THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION F ILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE 26 TH DAY OF APRIL, 2013. SD/- SD/- ( VIJAY PAL RAO ) (N.K.BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED. 26 TH APRIL 2013 RJ COPY TO: 1. THE APPLICANT 2. THE RESPONDENT 3. THE CIT CITY CONCERNED 4. THE CIT(A)- CONCERNED 5. THE D.RC BENCH. (TRUE COPY) BY ORDER ASST. REGISTRAR, I TAT, MUMBAI BENCHES MUMBAI.