Sri. PAWAN MUNSHIRAM AGARWAL, MUMBAI v. ITO Wd. - 3(4), MUMBAI

ITA 2888/MUM/2005 | 2001-2002
Pronouncement Date: 15-07-2011 | Result: Dismissed

Appeal Details

RSA Number 288819914 RSA 2005
Assessee PAN AAOPA2121N
Bench Mumbai
Appeal Number ITA 2888/MUM/2005
Duration Of Justice 6 year(s) 2 month(s) 26 day(s)
Appellant Sri. PAWAN MUNSHIRAM AGARWAL, MUMBAI
Respondent ITO Wd. - 3(4), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 15-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 15-07-2011
Date Of Final Hearing 06-07-2011
Next Hearing Date 06-07-2011
Assessment Year 2001-2002
Appeal Filed On 19-04-2005
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES B MUMBAI BEFORE SHRI R.S. SYAL ACCOUNTNAT MEMBER AND SHRI V. DURGA RAO JUDICIAL MEMBER ITA NO.2888/MUM/2005 ASSESSMENT YEAR: 2001-2002 SHRI PAVAN MUNSHIRAM AGARWAL 206 BUILDING NO.2 GARDEN ENCLAVE POKHARAN RD-2 SIDDHACHAL VASANT VIHAR THANE (W) 400 607. PAN: AAOPA2121N VS. INCOME TAX OFFICER WARD 3(4) THANE. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI. P.C. MAURYA SR. A.R O R D E R PER V. DURGA RAO J.M: THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 19 TH APRIL 2005 AGAINST THE ORDER OF THE LEARNED CIT(A)-1 THANE DATED 16-02-20 05 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FOR A.Y. 2001 -2002. 2. THIS APPEAL WAS FIXED FOR HEARING ON 24-05-2011 BUT ADJOURNED TO 06-07-2011 AT THE ORAL REQUEST OF THE LEARNED D.R. FOR WHICH NOTICE WAS ISSUED TO THE ASSESSEE BY RPAD ON 1-06-2011 AT THE ADDRESS AS MENTIONED BY THE ASSESSEE AGAINST ITEM NO. 10 OF FORM 36. HOW EVER ON THE DATE OF HEARING WHEN THIS APPEAL WAS CALLED UPON FOR HEARIN G NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATIO N OR REQUEST FOR ADJOURNMENT. IT THEREFORE APPEARS TO US THAT THE AS SESSEE IS NOT SERIOUS ABOUT PURSING THIS APPEAL. HENCE FOLLOWING THE DECI SION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. REPOR TED IN 38 ITD 320 (DEL) ITA NO.2888/MUM/2005 A.Y. 2001-2002: 2 AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTE D IN 223 ITR 480 (MP) AND FURTHER THE DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION O F INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009 WE DISMISS THIS APPEA L AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED ON THIS 15 TH DAY OF JULY 2011. SD/- SD/- (R.S. SYAL) (V. DURGA RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 15 TH JULY 2011. OKK* COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)-THANE. 4. COMMISSIONER OF INCOME TAX CONCERNED 5. DEPARTMENTAL REPRESENTATIVE BENCH B MUMBAI TRUE COPY BY ORDER ASSTT. REGISTRAR ITAT MUMBAI