JYOTI (INDIA) METAL IND. P. LTD, MUMBAI v. ACIT CIR 6(1), MUMBAI

ITA 3986/MUM/2009 | 2005-2006
Pronouncement Date: 14-05-2010 | Result: Dismissed

Appeal Details

RSA Number 398619914 RSA 2009
Assessee PAN AAACJ3463F
Bench Mumbai
Appeal Number ITA 3986/MUM/2009
Duration Of Justice 10 month(s) 19 day(s)
Appellant JYOTI (INDIA) METAL IND. P. LTD, MUMBAI
Respondent ACIT CIR 6(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 14-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 14-05-2010
Date Of Final Hearing 11-05-2010
Next Hearing Date 11-05-2010
Assessment Year 2005-2006
Appeal Filed On 25-06-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH: MUMBAI BEFORE SHRI D K AGARWAL JUDICIAL MEMBER AND SHRI B RAMAKOTAIAH ACCOUNTANT MEMBER ITA NO 3986/MUM/2009 (ASSESSMENT YEAR: 2005-06) JOYTI (INDIA) METAL IND PVT LTD 914 ELECTRON HOUSE HASU TANDEL MARG CENTURY MILL PASSAGE ROAD WORLI MUMBAI -400 025 PAN: AAACJ 3463 F VS ACIT CIRCLE (6) 1 MUMBAI APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI S M KESHKAMAT ORDER PER B RAMAKOTAIAH AM THIS IS AN APPEAL BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF THE CIT (A)- VI MUMBAI DATED 16.03.2009 FOR ASSESSMENT YEAR 2005 -06. 2. AT THE TIME OF HEARING FIXED IN THIS CASE ON 11. 05.2010 NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLIC ATION SEEKING ADJOURNMENT OF THE SAID HEARING IS FILED. THE NOTICE THROUGH RPAD DUL Y SERVED TO THE ASSESSEE HAS RETURNED BY THE POSTAL AUTHORITY WITH THE REMARK L EFT AND NO OTHER ADDRESS HAS BEEN PROVIDED BY THE ASSESSEE IN THE RELEVANT PORTI ON OF FORM NO.36. IT APPEARS THAT THE ASSESSEE THUS IS NOT SERIOUSLY INTERESTED IN PR OSECUTING THIS APPEAL FILED BEFORE THE TRIBUNAL. 3. CONSIDERING THE FACTS NARRATED ABOVE AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 320)(DEL) AND BY HONBLE MA DHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480)(MP) THIS APP EAL OF THE ASSESSEE IS TREATED AS UNADMITTED AND DISMISSED FOR NON-PROSECU TION. THE ASSESSEE IF SO ADVISED ITA 3986/M/2009 JOYTI (INDIA) METAL IND PVT LTD 2 SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE R EASONS FOR NON-COMPLIANCES AND FOR RECALLING THIS ORDER AND IF THE BENCH IS SO SATISFI ED THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT TODAY ON THE 14TH DAY OF MAY 2010. SD/- (D K AGARWAL) JUDICIAL MEMBER SD/- (B RAMAKOTAIAH) ACCOUNTANT MEMBER MUMBAI DATE: 14TH MAY 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) -VI MUMBAI. 4) THE CIT-CITY- VI MUMBAI. 5) THE D.R. J BENCH ITAT MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR CHAVAN* I.T.A.T. MUMBAI ITA 3986/M/2009 JOYTI (INDIA) METAL IND PVT LTD 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 11.05.2010 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 11.05.2010 SR.PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.PS SR.PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS 7 FILE SENT TO THE BENCH CLERK SR.PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER