Appeal Details
| RSA Number | 341819914 RSA 2010 |
|---|---|
| Assessee PAN | THFEB2011S |
| Bench | Mumbai |
| Appeal Number | ITA 3418/MUM/2010 |
| Duration Of Justice | 9 month(s) 28 day(s) |
| Appellant | SKIL INFRASTRUCTURE LTD, MUMBAI |
| Respondent | ACIT CEN CIR 25, MUMBAI |
| Appeal Type | Income Tax Appeal |
| Pronouncement Date | 28-02-2011 |
| Appeal Filed By | Assessee |
| Order Result | Dismissed |
| Bench Allotted | E |
| Tribunal Order Date | 28-02-2011 |
| Date Of Final Hearing | 07-01-2015 |
| Next Hearing Date | 07-01-2015 |
| Assessment Year | 2005-2006 |
| Appeal Filed On | 30-04-2010 |
| Judgment Text |
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES E MUMBAI BEFORE SHRI S V MEHROTRA ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO JUDICIAL MEMBER ITA NO. 3418/MUM/2010 (ASSESSMENT YEAR 2005-06) SKIL INFRASTRUCTURE LTD. 534/535 VYAPAR BHAVAN 49 P DMELLO ROAD CARNAC BUNDER MUMBAI-400009 PAN:AABCS7689 . APPELLANT VS THE ACIT CC 25 AYAKAR BHAVAN M K ROAD MUMBAI-400020 RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHREE HEMANT LAL O R D E R PER VIJAY PAL RAO JM BY WAY OF THIS APPEAL THE ASSESSEE IS CHALLENGING THE FIRST APPELLATE ORDER DATED 3 0.03.2010 PASSED U/S 263(1) OF THE IT ACT FOR THE ASSESSMENT YEAR 2005-06. 2. THIS APPEAL WAS FILED ON 30.04.2010 AND CAUSE L ISTED FOR THE ON 24.02.2011. THE NOTICE OF THIS HEARING WAS SENT TO THE ASSESSEE BY REGISTERED POST ACKNOWLEDGEMENT RECEIPT TO THE A SSESSEE ON THE ADDRESS GIVEN IN FORM NO.36 WHICH IS RECEIVED BACK UNSERVED IN THE OFFICE OF THE TRIBUNAL WITH THE POSTAL REMARK NOT KNOWN . ITA NO. 3418/MUM/2010 (ASSESSMENT YEAR 2005-06) 2 THE ASSESSEE HAS ALSO NOT GIVEN ITS NEW ADDRESS IF ANY. ON 24.02.2011 NEITHER ANYBODY APPEARED BEFORE US NOR ANY APPLICATION FOR SEEKING ADJOURNMENT IS RECEIVED IN THE OFFICE OF THE TRIBUNAL. IN VIEW OF THIS FACTUAL POSITION WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT SERIOUSLY INTEREST ED IN PROSECUTING THE APPEAL FILED BY IT. THEREFORE WE HAVE NO OTHER ALTERNATIVE BUT TO DISPOSE OF THE APPEAL BY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. REPOR TED IN 38 ITD 320 (DEL); AS ALSO THE DECISION OF THE HONBLE MADHYA P RADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT REPORTED IN 223 ITR 480 (MP). ACCORDINGLY WE TREA T THESE APPEALS AS UNADMITTED. 3. HOWEVER WE MAY MENTION THAT IN CASE THE ASSESSE E DESIRES TO PROSECUTE THE APPEAL HE 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 DEFAULT THEN THIS ORDER SHALL BE RECALLED SO AS TO TREAT THIS APPEAL AS ADMITTED. 4. IN THE RESULT APPEAL OF THE ASSESSEE STANDS DIS MISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 28TH FEB 2011 SD SD (S V MEHROTRA ) (VIJAY PAL RAO) ACCOUNTANT MEMBER JUDICIAL M EMBER MUMBAI DATED 28 TH FEB 2011 SRL:15211 ITA NO. 3418/MUM/2010 (ASSESSMENT YEAR 2005-06) 3 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
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