COLOUR ROOF (INDIA) LTD, MUMBAI v. ACIT CEN CIR 37, MUMBAI

ITA 4748/MUM/2009 | 2006-2007
Pronouncement Date: 07-05-2010 | Result: Dismissed

Appeal Details

RSA Number 474819914 RSA 2009
Assessee PAN AABCC3215D
Bench Mumbai
Appeal Number ITA 4748/MUM/2009
Duration Of Justice 8 month(s) 25 day(s)
Appellant COLOUR ROOF (INDIA) LTD, MUMBAI
Respondent ACIT CEN CIR 37, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 07-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 07-05-2010
Assessment Year 2006-2007
Appeal Filed On 13-08-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH C : MUMBAI BEFORE SHRI D.K. AGARWAL (JM) AND SHRI T.R. SOOD (AM) ITA NO.4747/MUM/2009 ASSESSMENT YEAR : 2005-06 ITA NO.4748/MUM/2009 ASSESSMENT YEAR : 2006-07 COLOUR ROOF (INDIA) LTD. B-1/1 MAYUR MA KRUPA CHS LTD. OPP. GOKHALE SCHOOL SHIMPOLI ROAD BORIVALI(W) MUMBAI-400 092. ..( APPELLANT ) P.A. NO. (AABCC 3215 D) VS. ASSTT. COMMISSIONER OF INCOME TAX CENTRAL CIRCLE-37 MUMBAI. ..( RESPONDENT ) APPELLANT BY : NONE RESPONDENT BY : SHRI AJI T KUMAR SINHA O R D E R PER D.K. AGARWAL (JM). THESE TWO APPEALS PREFERRED BY THE ASSESSEE ARE DIRECTED AGAINST THE SEPARATE ORDERS DATED 4.6.2009 AND 10.6.2 009 PASSED BY THE LD. CIT(A) FOR THE ASSESSMENT YEARS 2005-06 AND 2006 -07 RESPECTIVELY. 2. AT THE TIME OF HEARING NONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR FILED ANY APPLICATION FOR ADJOURNMENT OF TH E CASE DESPITE ITA NO.4747/M/09 A.Y:05-06 2 THE FACT THAT THE NOTICE OF HEARING WAS SENT BY RPAD. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE THE APPEALS. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED REPORTED IN 38 ITD 320 THE APPEALS FILED BY THE ASSESSEE ARE TREATED AS UNADMITTED FOR WANT OF PROSECUTION . 3. THE ASSESSEE SHALL HOWEVER BE AT LIBERTY TO APPROAC H THE TRIBUNAL FOR RECALLING OF THIS ORDER IF PREVENTED BY SUFFICIENT CAUSE FOR NON-APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT THE ASSESSEES APPEALS STAND DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 7.5.2010. SD/- SD/- (T.R. SOOD) ( D.K. AGARWAL ) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED: 7.5.2010. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT CONCERNED MUMBAI THE CIT(A) CONCERNED MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR ITAT MUMBAI. ITA NO.4747/M/09 A.Y:05-06 3 DETAILS DATE INITIALS DESIGNATION 1 DRAFT DICTATED ON 26.4.10 SR.PS/PS 2 DRAFT PLACED BEFORE AUTHOR 26.4.10 SR.PS/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/PS 6. KEPT FOR PRONOUNCEMENT ON 7.5.10 SR.PS/PS 7. FILE SENT TO THE BENCH CLERK 11.5.10 SR.PS/PS 8 DATE ON WHICH THE FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER