ASIAN ELECTRONICS LTD, MUMBAI v. ASST CIT (OSD) CIR 3(1), MUMBAI

ITA 4059/MUM/2014 | 2004-2005
Pronouncement Date: 29-11-2017 | Result: Dismissed

Appeal Details

RSA Number 405919914 RSA 2014
Assessee PAN AABCA0832C
Bench Mumbai
Appeal Number ITA 4059/MUM/2014
Duration Of Justice 3 year(s) 5 month(s) 25 day(s)
Appellant ASIAN ELECTRONICS LTD, MUMBAI
Respondent ASST CIT (OSD) CIR 3(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 29-11-2017
Appeal Filed By Assessee
Tags No record found
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 29-11-2017
Date Of Final Hearing 03-10-2017
Next Hearing Date 03-10-2017
First Hearing Date 03-10-2017
Assessment Year 2004-2005
Appeal Filed On 03-06-2014
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI D.T. GARASIA (JUDICIAL MEMBER) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 4059/MUM/2014 ASSESSMENT YEAR: 2004 - 05 ASIAN ELECTRONICS LTD. 107 SUMER KENDRA P.B. MARG BEHIND MAHINDRA TOWERS WORLI MUMBAI - 400018 VS. ACIT - 3(1) AAYAKAR BHAVAN MUMBA I . PAN NO. AABCA0832C APPELLANT RESPONDENT ASSESSEE BY : NONE REVENUE BY : MR. RAJESH KUMAR YADAV DR DATE OF HEARING : 03 /10 /2017 DATE OF PRONOUNCEMENT : 29/11/2017 ORDER PER N.K. PRADHAN A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE. THE RELEVANT ASSESSMENT YEAR IS 2004 - 05 . THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMIS SIONER OF INCOME TAX (APPEALS) - 5 MUMBAI AND ARISES OUT OF THE ASSESSMENT COMPLETED U/S 143(3) R.W.S 147 OF THE INCOME TAX ACT 1961 (THE ACT). 2. WE FIND THAT THE CASE WAS FIXED FOR HEARING ON 30.05.2017. THE ASSESSEE REQUESTED ON THE ABOVE DATE FOR AN ADJOURNMEN T. ACCORDINGLY ASIAN ELECTRONICS LTD. ITA NO. 4059/MUM/2014 2 THE CASE WAS ADJOURNED TO 03.10.2017. IN SPITE OF THAT NEITHER THE ASSESSEE NOR ITS AUTHORIZED REPRESENTATIVE APPEARED ON 03.10.2017. 3. AT THE THRESHOLD IT IS RELEVANT TO MENTION THAT NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THIS AP PEAL WAS CALLED FOR. WE FIND THAT PROPER NOTICE OF HEARING HAS ALREADY BEEN GIVEN TO THE ASSESSEE. UNDER THESE CIRCUMSTANCES IN OUR CONSIDERED OPINION THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. AS SUCH WE HOLD THAT THIS APPEAL IS LIABLE TO BE DISMISSED FOR NON PROSECUTION. IN THIS REGARD WE PLACE RELIANCE UPON FOLLOWING CASE LAWS: 1. ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 (M.P.) 2. NEW DIWAN OIL MILLS VS. CIT (2008) 296 ITR 495 (P& H) 3. CIT VS. B. N. BHATTACHARGEE AND ANOTHER 118 ITR 461(SC) 4. WE HAVE HEARD THE LD. DR AND PERUSED THE RELEVANT MATERIALS ON RECORD. WE FIND THAT THE LD. CIT(A) HAVING GONE THROUGH THE RELEVANT RECORD HAS DISMISSED THE APPEAL FILED BY THE ASSESSEE BEFORE HIM. WE UP HOLD THE ORDER OF THE LD. CIT(A). 5. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29/11/2017. SD/ - SD/ - (D.T. GARASIA) (N.K. PRADHAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED: 29/11/2017 RAHUL SHARMA SR. P.S. ASIAN ELECTRONICS LTD. ITA NO. 4059/MUM/2014 3 COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR ITAT MUMBAI 6. GUARD FILE . BY ORDER //TRUE COPY// (DY./ASSTT. REGISTRAR) ITAT MUMBAI