TULAJI RAO ANGRE, v. ACIT RG 14(1), MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL E BENCH MUMBAI BEFORE SHRI S.V. MEHROTRA ACCOUNTANT MEMBER. AND SHRI VIJAY PAL RAO JUDICIAL MEMBER ITA NO.1654/MUM./2009 (ASSESSMENT YEAR : 2002 03 ) DATE OF HEARING: 15.2.2011 TULAJI RAO ANGRE ANGRE SHAHIB KA BADA LALA KA BAZAR LASHKAR GWALIOR (M.P) ACAPA2334G .. APPELLANT V/S ASSTT. COMMISSIONER OF INCOME TAX RANGE 14 (1) NARIMAN POINT MUMBAI .... RESPONDENT ASSESSEE BY : NONE REVENUE BY : SHRI D. SONGHATE O R D E R PER S.V. MEHROTRA A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 30 TH DECEMBER 2008 PASSED BY THE LEARNED CIT(A) XIV MUMBAI FOR ASSESSMENT YEAR 2002 03 IN THE MATTER OF PENALTY UNDER SECTION 271(1)(B ) OF ` 20 000 IMPOSED BY THE ASSESSING OFFICER AND CONFI RMED BY THE LEARNED CIT(A). 2. WHEN THE CASE WAS CALLED FOR HEARING NEITHER THE A SSESSEE NOR ANY OF ITS AUTHORIZED REPRESENTATIVE APPEARED BEFORE US TO ARGUE THE APPEAL. EVEN THERE IS NO INTIMATION IN THE FILE REGARDING NON-AP PEARANCE OF THE ASSESSEE AND/OR ITS AUTHORIZED REPRESENTATIVE. IT SEEMS THE ASSESSEE IS NO MORE INTERESTED TO PROSECUTE ITS APPEAL. HENCE NO PURPO SE WOULD BE SERVED IN TULAJI RAO ANGRE ITA NO.1654/MUM./2009 2 KEEPING THE MATTER ALIVE. WE THEREFORE RESPECTFUL LY FOLLOWING THE DECISION OF THE TRIBUNAL DELHI BENCHES IN THE CASE OF M/S. MU LTIPLAN INDIA PVT. LTD. 38 ITD 320 (DEL.) TREAT THIS APPEAL AS UN-ADMITTED A ND HOLD THE SAME AS LIABLE TO BE DISMISSED IN LIMINE AS SUCH. 3. IN THE RESULT ASSESSEES APPEAL STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 25.2.2011. SD/- VIJAY PAL RAO JUDICIAL MEMBER SD/- S.V. MEHROTRA ACCOUNTANT MEMBER MUMBAI DATED: 25.2.2011 COPY TO : (1) THE ASSESSEE (2) THE RESPONDENT (3) THE CIT(A) MUMBAI CONCERNED (4) THE CIT MUMBAI CITY CONCERNED (5) THE DR E BENCH ITAT MUMBAI TRUE COPY BY ORDER PRADEEP J. CHOWDHURY ASSISTANT REGISTRAR SR. PRIVATE SECRETARY ITAT MUMBAI BENCHES MUMBAI TULAJI RAO ANGRE ITA NO.1654/MUM./2009 3 DATE INITIAL 1. DRAFT DICTATED ON 21.2.2011 SR.PS 2. DRAFT PLACED BEFORE AUTHOR 22.2.2011 SR.PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER 22.2.2011 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER 22.2.2011 JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS 22.2.2011 SR.PS/PS 6. DATE OF PRONOUNCEMENT 25.2.2011 SR.PS 7. FILE SENT TO THE BENCH CLERK 25.2.2011 SR.PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER