MITTAL FABRICS MFG. CO P. LTD, MUMBAI v. ADDL CIT (TDS) RG 2, MUMBAI

ITA 4337/MUM/2010 | 2000-2001
Pronouncement Date: 20-07-2011 | Result: Dismissed

Appeal Details

RSA Number 433719914 RSA 2010
Assessee PAN AAACM4017E
Bench Mumbai
Appeal Number ITA 4337/MUM/2010
Duration Of Justice 1 year(s) 1 month(s) 25 day(s)
Appellant MITTAL FABRICS MFG. CO P. LTD, MUMBAI
Respondent ADDL CIT (TDS) RG 2, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 20-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 20-07-2011
Assessment Year 2000-2001
Appeal Filed On 26-05-2010
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI P.M. JAGTAP (AM) & SHRI VIJAY PAL RAO (JM) I.T.A.NO.4337/MUM/2010 (A.Y. 2000-01) M/S. MITTAL FABRICS MFG. CO.P.LTD. 413-G BASANT WADI 5 TH FLOOR KALBADEVI RD. MUMBAI-400 002. PAN: AAACM4017E VS. ADDL. COMMR. OF INCOME-TAX (TDS) RANGE-2 701 SMT.K.G.MITTAL AYURVEDIC HOSPITAL BLDG. CHARNI RD. (W) MUMBAI-400002. APPELLANT RESPONDENT APPELLANT BY NONE. RESPONDENT BY SHRI J ITENDRA YADAV. O R D E R PER VIJAY PAL RAO JM : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 26-02- 2010 OF THE CIT(A) FOR THE ASSTT. YEAR 2000-01 WHER EBY HE CONFIRMED THE PENALTY OF RS.60 91 665/- IMPOSED BY THE AO U/S.271C OF THE I.T. ACT 1961. 2. IN THIS CASE HEARING WAS FIXED BEFORE THE TRIBU NAL ON 18-07-2011. NOTICE OF THE SAID HEARING SENT TO THE ASSESSEE BY RPAD AT THE ADDRESS GIVEN IN THE FORM OF APPEAL RETURNED BACK UNSERVED FROM POSTAL AUTHOR ITY WITH THE REMARK LEFT PLACE. NOBODY HAS PUT IN APPEARANCE ON BEHALF OF T HE ASSESSEE AT THE TIME OF HEARING FIXED ON THE SAID DATE NOR ANY APPLICATION SEEKING ADJOURNMENT HAS BEEN MOVED. IT APPEARS THAT THE ASSESSEE THUS IS NOT SER IOUSLY INTERESTED IN PROSECUTING ITS APPEAL FILED BEFORE THE TRIBUNAL. 3. HAVING REGARD TO THE FACTS STATED ABOVE AND KEEP ING IN VIEW OF THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN ITA NO.4337/M/10 MITTAL FABRICS MFG. CO.P.LTD. 2 THE CASE OF CIT VS. MULTIPLAN (INDIA) LTD. (38 ITD 320) (DEL) AND BY THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLDER VS. CWT AS REPORTED IN 223 ITR 480 (MP) WE TREAT THIS APPEAL OF THE ASSESSEE AS UNADMITTED AND DISMISS THE SAME FOR NON-PROSECUTION . THE ASSESSEE IF SO ADVISED SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAIN ING THE REASONS FOR NON- COMPLIANCE AND FOR RECALLING OF THIS ORDER AND IF THE BENCH IS SO SATISFIED THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED ON THE 20TH DAY OF JULY 2 011. SD/- SD/- (P.M. JAGTAP) (VIJAY PAL RAO) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 20TH JULY 2011. NG: COPY TO : 1. ASSESSEE. 2. DEPARTMENT. 3 CIT(A)-14 MUMBAI. 4 CIT (TDS) MUMBAI. 5.DR H BENCH MUMBAI. 6.MASTER FILE. (TRUE COPY) BY ORDER ASST.REGISTRAR ITAT MUMBAI. ITA NO.4337/M/10 MITTAL FABRICS MFG. CO.P.LTD. 3 DETAILS DATE INITIALS DESIGNA TION 1. DRAFT DICTATED ON 18-07-2011 SR.PS/ 2. DRAFT PLACED BEFORE AUTHOR 18-07-2011 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/PS SR.PS/ 6. KEPT FOR PRONOUNCEMENT ON SR.PS/ 7. FILE SENT TO THE BENCH CLERK SR.PS/ 8. DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9. DATE ON WHICH FILE GOES TO THE AR 10. DATE OF DISPATCH OF ORDER