PRAMILA ARVIND GANDHI, MUMBAI v. ACIT 19(3), MUMBAI

ITA 382/MUM/2010 | 2006-2007
Pronouncement Date: 10-12-2010 | Result: Dismissed

Appeal Details

RSA Number 38219914 RSA 2010
Assessee PAN ADYPG3227G
Bench Mumbai
Appeal Number ITA 382/MUM/2010
Duration Of Justice 10 month(s) 25 day(s)
Appellant PRAMILA ARVIND GANDHI, MUMBAI
Respondent ACIT 19(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 10-12-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 10-12-2010
Date Of Final Hearing 21-02-2012
Next Hearing Date 21-02-2012
Assessment Year 2006-2007
Appeal Filed On 15-01-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C MUMBAI BEFORE SHRI R.S.SYAL ACCOUNTANT MEMBER AND SHRI VIJAY PAL RAO JUDICIAL MEMBER ITA NO. 382/MUM/2010 (ASSESSMENT YEARS: 2006-07) PRAMILA ARVIND GANDHI 4 SUSHEELA SADAN PERRY CROSS ROAD BANDRA MUMBAI-400050. PAN: ADYPG3227G . APPELLANT VS ACIT 19(3) 3 RD FL. PIRAMAL CHAMBER LALBAUG MUMBAI-400012 RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI SUMEET KUMAR . O R D E R PER VIJAY PAL RAO JM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER DATED 30.10.2009 OF CIT(A)-XXX MUMBAI FOR TH E ASSESSMENT YEAR 2006-07. 2. THIS APPEAL WAS FILED ON 15/01/2010 AND WAS PLAC ED ON BOARD FOR HEARING ON 14/09/2010. ON 14.09.2010 TH E BENCH DID NOT FUNCTION AND THEREFORE THE APPEAL WAS ADJO URNED SUO- MOTU TO 01.12.2010 AND THE NOTICE FOR THIS HEARING WAS PLACED ON NOTICE BOARD. ON 01.12.2010 NEITHER ANYBODY A PPEARED BEFORE US NOR ANY APPLICATION FOR SEEKING ADJOURNM ENT IS RECEIVED IN THE OFFICE OF THE TRIBUNAL. IN VIEW O F THIS FACTUAL POSITION WE ARE OF THE OPINION THAT THE ASSESSEE I S NOT SERIOUSLY INTERESTED IN PROSECUTING THE APPEAL FILE D BY HER. ITA NO. 382/MUM/2010 (ASSESSMENT YEARS: 2006-07) 2 THEREFORE WE HAVE NO OTHER ALTERNATIVE BUT TO DISP OSE OF THE APPEAL BY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. REPORTED IN 38 IT D 320 (DEL); AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT REPORTED IN 223 ITR 480 (MP). ACCORDINGLY WE TREA T THIS APPEAL 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 DEF AULT THEN THIS ORDER SHALL BE RECALLED SO AS TO TREAT THIS AP PEAL AS ADMITTED. 4. IN THE RESULT APPEAL OF THE ASSESSEE STANDS 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:21210 COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT CONCERNED 4. CIT(A) CONCERNED 5. DR CONCERNED BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR ITAT MUMBAI ITA NO. 382/MUM/2010 (ASSESSMENT YEARS: 2006-07) 3