MEGH MALHAR ENTERPRISES, MUMBAI v. ITO (HQ)(CIB), ULHASNAGAR

ITA 4267/MUM/2009 | 2005-2006
Pronouncement Date: 02-03-2011 | Result: Dismissed

Appeal Details

RSA Number 426719914 RSA 2009
Assessee PAN AANFM3399M
Bench Mumbai
Appeal Number ITA 4267/MUM/2009
Duration Of Justice 1 year(s) 7 month(s) 19 day(s)
Appellant MEGH MALHAR ENTERPRISES, MUMBAI
Respondent ITO (HQ)(CIB), ULHASNAGAR
Appeal Type Income Tax Appeal
Pronouncement Date 02-03-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 02-03-2011
Assessment Year 2005-2006
Appeal Filed On 13-07-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'B' BENCH MUMBAI BEFORE SHRI D. MANMOHAN VICE PRESIDENT AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER ITA NO. 4267/MUM/2009 (ASSESSMENT YEAR: 2005-06) M/S. MEGH MALHAR ENTERPRISES INCOME TAX OFFICER - H Q (CIB) 3 KARAMSHI BHUVAN AGRA ROAD PUNE KALYAN (W) VS. PAN - AANFM 3399 M APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI R.S. SRIVASTAVA O R D E R PER B. RAMAKOTAIAH A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 13.07 .2009 AGAINST THE ORDER OF THE LEARNED CIT(A)-I THANE DATED 13.03.20 09 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 144 OF THE ACT FOR A .Y. 2005-06. 2. THIS APPEAL WAS FIXED FOR HEARING FROM TIME TO T IME BUT EVERY TIME IT WAS ADJOURNED DUE TO NON-FUNCTIONING OF THE BENCH. FINALLY THIS APPEAL WAS FIXED FOR HEARING BEFORE US ON 02.03.2011FOR WHICH PURPOSE NOTICE OF HEARING WAS SERVED THROUGH NOTICE BOARD. HOWEVER ON THE DA TE OF HEARING WHEN THIS APPEAL WAS CALLED UPON FOR HEARING NO ONE APPEARED ON BEHALF OF THE ASSESSEE. THERE IS ALSO NO APPLICATION OR REQUEST F OR ADJOURNMENT. IT THEREFORE APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOU T PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. REPORTED IN 38 ITD 320 (DEL) AS AL SO THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480 (MP) AND FURTHER THE DECISION OF THE HONBLE ITA NO. 4267/MUM/2009 M/S. MEGH MALHAR ENTERPRISES 2 BOMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M /S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009 WE DISMISS THIS APPEAL AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 2 ND MARCH 2011. SD/- SD/- (D. MANMOHAN) (B. RAMAKOTAIAH) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI DATED: 2 ND MARCH 2011 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) I. THANE 4. THE CIT I THANE 5. THE DR B BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.