BEECHINS CREATIONS P. LTD, MUMBAI v. DCIT 8(1), MUMBAI

1 ITA 1904/M/10 M/S BEECHINS CREATIONS P. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES G BEFORE SHRI P.M. JAGTAP A.M. AND SHRI N.V. VASUDEV AN JM ITA NO. 1904/MUM/2010 ASSESSMENT YEAR 2005-06 M/S BEECHINS CREATIONS PVT. LTD. UNIT NO. 2 ANDHERI IND. ESTATE VEERA DESAI ROAD ANDHERI (W) MUMBAI 400 053. PAN AAACB2280Q VS. DY. CIT 8(1) MUMBAI. APPELLANT RESPONDENT APPELLANT BY NONE RESPONDENT BY MRS. MALATI SHRIDHARAN ORDER PER P.M. JAGTAP A.M. THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER PASSED BY THE LD. CIT(A) - -16 MUMBAI DATED 28.01.2010.. 2. AT THE TIME OF HEARING FIXED TODAY I.E. 02. 02.2011 NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN MOVED DESPITE THE FACT THAT NOTICE OF THE SAID HEARING SENT TO TH E ASSESSEE BY RPAD IS DULY SERVED THE PROOF OF WHICH IS PLACED ON RECORD BEFORE US. IT AP PEARS FROM THIS CONDUCT OF THE ASSESSEE THAT IT IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. HAVING REGARD TO THE FACTS STATED ABOVE AND KEEP ING IN VIEW THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE T RIBUNAL IN THE CASE OF C.I.T. VS. 2 ITA 1904/M/10 M/S BEECHINS CREATIONS P. LTD. MULTIPLAN (INDIA) LIMITED 38 ITD 320 (DEL) AND BY THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKE R VS. CWT AS REPORTED IN 223 ITR 480 (M.P) WE TREAT THIS APPEAL OF THE ASSESSEE AS UNAD MITTED AND DISMISS THE SAME FOR NON- PROSECUTION. THE ASSESSEE IF SO ADVISED SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE REASONS FOR NON-COMPLIANCE AND FOR RECALLING OF THIS ORDER AND IF THE BENCH IS SO SATISFIED THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND FEBRUARY 2011. SD/- SD/- (N.V. VASUDEVAN) (P.M. JAGTAP) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED 2 ND FEBRUARY 2011. RK COPY TO 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)- 16 - MUMBAI 4. THE CIT - VIII MUMBAI 5. THE DR BENCH G 6. MASTER FILE // TUE COPY// BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI 3 ITA 1904/M/10 M/S BEECHINS CREATIONS P. LTD. DATE INITIALS 1 DRAFT DICTATED ON 2.2.11 SR. PS 2 DRAFT PLACED BEFORE THE AUTHOR 2.1.11 SR. PS 3 DRAFT PLACED BEFORE THE SECOND MEMBER 4 APPROVED DRAFT COMES TO THE SR. PS SR. PS 5 KEPT FOR PRONOUNCEMENT ON SR. PS 6 FILE SENT TO THE BENCH CLERK SR. PS 7 DATE ON WHICH FILE GOES TO THE HEAD CLERK 8 DATE ON WHICH FILE GOES TO THE AR 9 DATE OF DISPATCH OF ORDER