PRADIP PACHERIWALA, MUMBAI v. ITO 14(2)-2, MUMBAI

ITA 2357/MUM/2009 | 2003-2004
Pronouncement Date: 15-07-2010 | Result: Dismissed

Appeal Details

RSA Number 235719914 RSA 2009
Assessee PAN AAAPP6796L
Bench Mumbai
Appeal Number ITA 2357/MUM/2009
Duration Of Justice 1 year(s) 3 month(s) 1 day(s)
Appellant PRADIP PACHERIWALA, MUMBAI
Respondent ITO 14(2)-2, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 15-07-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 15-07-2010
Date Of Final Hearing 27-04-2011
Next Hearing Date 27-04-2011
Assessment Year 2003-2004
Appeal Filed On 13-04-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C MUMBAI BEFORE SHRI. D.MANMOHAN (V.P.) AND SHRI. RAJENDRA S INGH (A.M.) ITA NO.2357/MUM/2009 ASSESSMENT YEAR: 2003-2004 PRADIP PACHERIWALA 384-M DABHOLKARWADI KALBADEVI RD. MUMBAI 400 002. PAN : AAAPP6796L VS. ITO 14(2)-2 AAYAKAR BHAVAN M.K. RD. MUMBAI 400 020. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI NONE. (AR) RESPONDENT BY : SHRI O.P. SINGH (DR) O R D E R PER RAJENDRA SINGH A.M. THIS APPEAL BY THE ASSESSEE DIRECTED AGAINST THE OR DER DATED 16.01.2009 OF LEARNED CIT (A)-XIV MUMBAI FOR ASSES SMENT YEAR 2003- 2004. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE TO REPRE SENT THE CASE WHEN THE APPEAL CAME UP FOR THE HEARING. A LETTER SEEKING ADJOURNMENT WAS SENT THROUGH SOMEONE WHO WAS NOT EVEN AUTHORISE D TO APPEAR TO THE TRIBUNAL. THE APPLICATION FOR ADJOURNMENT WAS THERE FORE REJECTED. WE ALSO NOTE THAT EARLIER ALSO THE ASSESSEE HAD SOUGHT ADJOURNMENT ON TWO OCCASIONS. IT CAN THEREFORE BE REASONABLY CONCLUD ED THAT THE ASSESSEE IS NOT INTERESTED IN PERUSING THE APPEAL. IN SUCH A C ASE AS HELD BY HONBLE HIGH COURT MUMBAI IN THE CASE OF CHEMIPOL VS. UOI IN EXCISE APPEAL NO. 62 OF 2009 THE TRIBUNAL HAS INHERITENT POWER T O DISMISS THE PROCEEDINGS FOR NON PROSECUTION. ON FACTS OF THE CASE WE ARE CONVINCED ITA NO.2357/MUM/2009 A.Y.: 2003-2004 2 THAT ASSESSEE IS NOT SERIOUS IN PERUSING THE APPEAL . WE THEREFORE DISMISS THE APPEAL AS UNADMITTED. 3. IN THE RESULT APPEAL OF THE ASSESSEE STANDS DIS MISSED. ORDER PRONOUNCED ON THIS 15 TH DAY OF JULY 2010. SD/- (D. MANMOHAN) (VICE PRESIDENT) SD/- (RAJENDRA SINGH) (ACCOUNTANT MEMBER) MUMBAI DATED 15 TH JULY 2010. JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- XIV MUMB AI 4. COMMISSIONER OF INCOME TAX CITY- XIV MUMBAI 5. DEPARTMENTAL REPRESENTATIVE BENCH C MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR ITAT MUMBAI