RUBY ZARDA AGENCY, MUMBAI v. ACIT CEN CIR 24 & 26, MUMBAI

ITA 1888/MUM/2010 | 1998-1999
Pronouncement Date: 10-12-2010 | Result: Dismissed

Appeal Details

RSA Number 188819914 RSA 2010
Assessee PAN AAEFR0973M
Bench Mumbai
Appeal Number ITA 1888/MUM/2010
Duration Of Justice 9 month(s)
Appellant RUBY ZARDA AGENCY, MUMBAI
Respondent ACIT CEN CIR 24 & 26, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 10-12-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 10-12-2010
Date Of Final Hearing 16-06-2011
Next Hearing Date 16-06-2011
Assessment Year 1998-1999
Appeal Filed On 10-03-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D MUMBAI BEFORE SHRI R.S.SYAL ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO JUDICIAL MEMBER ITA NOS. 1888 TO 1893/MUM/2010 (ASSESSMENT YEARS: 1998-1999 TO 2003-2004) RUBY ZARDA AGENCY 146 ERSKINE ROAD NULL BAZAR MUMBAI-400003 PAN: AAEFR0973M . APPELLANT VS DCIT CENTRAL CIRCLE 24 AND 26 R.NO.404 AAYAKAR BHAVAN M K ROAD MUMBAI-400020 RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI JITENDRA YAD AV. O R D E R PER BENCH THESE APPEALS BY THE ASSESSEE ARE DIRECTED AGAINS T THE ORDER DATED 15.12.2009 OF CIT(A)-39 MUMBAI FOR THE ASSESSMENT YEARS 1998-1999 TO 2003-2004. 2. THESE APPEALS WERE FILED ON 10/03/2010 AND WER E PLACED ON BOARD FOR HEARING ON 06/12/2010. THE NOT ICE OF HEARING WAS SENT TO THE ASSESSEE BY RPAD TO THE ADD RESS OF THE ASSESSEE GIVEN IN FORM NO.36. NEITHER THE ACKNOWLEDGMENT RECEIPT RECEIVED NOR THE NOTICE OF H EARING SENT TO THE ASSESSEE RECEIVED BACK IN THE OFFICE O F THE ASSESSEE. ON 6.12.2010 NONE APPEARED FOR AND ON B EHALF OF THE ASSESSEE AND NO APPLICATION FOR ADJOURNMENT IS SUBMITTED BY THE ASSESSEE IF ANY. IN VIEW OF THIS FACTUAL PO SITION WE ARE ITA NOS. 1888 TO 1893/MUM/2010 (ASSESSMENT YEARS: 1998-1999 TO 2003-2004) 2 OF THE OPINION THAT THE ASSESSEE IS NOT SERIOUSLY I NTERESTED IN PROSECUTING THE APPEAL FILED BY IT. THEREFORE WE H AVE NO OTHER ALTERNATIVE BUT TO DISPOSE OF THE APPEALS BY FOLLO WING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MUL TIPLAN INDIA (P) LTD. REPORTED IN 38 ITD 320 (DEL); AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE O F ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 I TR 480 (MP). ACCORDINGLY WE TREAT THESE APPEALS AS UNA DMITTED. 3. HOWEVER WE MAY MENTION THAT IN CASE THE ASSESSE E DESIRES TO PROSECUTE THE APPEALS IT SHALL BE FREE TO MOVE THIS TRIBUNAL BY APPROPRIATE PETITION FOR RECALLING THE ORDER AND IF THE BENCH IS SO SATISFIED ABOUT THE REASONS FOR DEF AULT THEN THIS ORDER SHALL BE RECALLED SO AS TO TREAT THIS AP PEALS AS ADMITTED. 4. IN THE RESULT APPEALS OF THE ASSESSEE STAND DIS MISSED FOR WANT OF PROSECUTION. PRONOUNCED IN THE OPEN COURT ON 10.12.2010 SD SD (R.S.SYAL) (VIJ AY PAL RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ON THIS 10 TH DAY OF DEC 2010 SRL:71210 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH BY ORDER TRUE COPY ASSTT. REGISTRAR ITAT MUMBAI ITA NOS. 1888 TO 1893/MUM/2010 (ASSESSMENT YEARS: 1998-1999 TO 2003-2004) 3