SHREE BHAIRAV SYNTHETICS P. LTD, MUMBAI v. DCIT CEN CIR 46, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI BEFORE SHRI. T.R. SOOD (A.M.) AND SHRI. VIJAY PAL R AO (J.M) ITA NO.1020/MUM/2010 ASSESSMENT YEAR : 2001-2002 ITA NO.1021/MUM/2010 ASSESSMENT YEAR : 2002-2003 ITA NO.1022/MUM/2010 ASSESSMENT YEAR : 2003-2004 ITA NO.1023/MUM/2010 ASSESSMENT YEAR : 2004-2005 ITA NO.1024/MUM/2010 ASSESSMENT YEAR : 2005-2006 SHREE BHAIRAV SYNTHETICS PVT. LTD. 21 VITTHAL CHAMBERS 3 RD FLR. 65 KAZI SYED STREET MASJID BUNDER MUMBAI 400 009. PAN : AABCS4572R VS. DCIT CIRCLE 46 MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI SUMEET KUMAR O R D E R PER BENCH THESE FIVE APPEALS HAVE BEEN FILED BY THE ASSESSEE CHALLENGING THE RESPECTIVE IMPUGNED ORDERS OF THE LEARNED CIT(A)-XX XVIII MUMBAI ALL ARE DATED 16.12.2009 FROM ASSESSMENT YEAR 2001-2002 TO ASSESSMENT YEAR 2005-2006 RESPECTIVELY. 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 22. 11.2010 NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT HAS BEEN MOVED DESPITE THE FACT THAT NO TICE OF THE SAID HEARING 2 SENT TO THE ASSESSEE AT THE ADDRESS GIVEN IN THE AP PEAL MEMO BY REGISTERED POST HAS BEEN DULY SERVED A PROOF OF WHICH IS AVAI LABLE ON THE RECORD. IT APPEARS THAT ASSESSEE IS NOT SERIOUSLY INTERESTED I N PROSECUTING ITS APPEAL FILED BEFORE THE TRIBUNAL. 3. HAVING REGARD TO THE FACTS STATED ABOVE AND KEEP ING IN VIEW OF THE PROVISIONS OF RULE 19(2) OF ITAT RULE AS WERE CONSI DERED BY THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD. 38 IT D 320(DELHI) AS WELL AS BY THE HONBLE M.P. HIGH COURT IN THE CASE OF ESTATE O F LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (MP) WE TREAT THIS APPEAL OF T HE ASSESSEE AS UNADMITTED AND DISMISS THE SAME FOR WANT OF PROSECU TION. THE ASSESSEE IF SO ADVISED SHALL BE FREE TO MOVE THE TRIBUNAL EXPL AINING THE REASONS FOR NON-COMPLIANCE AND SEEKING RECALL OF THIS ORDER BY FILING MISCELLANEOUS APPLICATION AND IF THE BENCH IS SO SATISFIED THEN THIS ORDER MAY BE RECALLED 4. IN THE RESULT APPEALS FILED BY THE ASSESSEE ARE DISMISSED. ORDER PRONOUNCED ON THIS 11 TH DAY OF FEBRUARY 2011. SD/- (T.R. SOOD) (ACCOUNTANT MEMBER) SD/- (VIJAY PAL RAO) (JUDICIAL MEMBER) MUMBAI DATED 11.02.2011. JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- MUM BAI 4. COMMISSIONER OF INCOME TAX CITY- MUMBAI 5. DEPARTMENTAL REPRESENTATIVE BENCH E MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR ITAT MUMBAI