METROPOLITAN TRADING COMPANY, MUMBAI v. ADDL CIT RG 18(2), MUMBAI

ITA 4756/MUM/2009 | 2005-2006
Pronouncement Date: 17-03-2011 | Result: Dismissed

Appeal Details

RSA Number 475619914 RSA 2009
Assessee PAN AAAFM1474C
Bench Mumbai
Appeal Number ITA 4756/MUM/2009
Duration Of Justice 1 year(s) 7 month(s) 3 day(s)
Appellant METROPOLITAN TRADING COMPANY, MUMBAI
Respondent ADDL CIT RG 18(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 17-03-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 17-03-2011
Date Of Final Hearing 17-03-2011
Next Hearing Date 17-03-2011
Assessment Year 2005-2006
Appeal Filed On 13-08-2009
Judgment Text
1 ITA NO.4756/MUM/2009 IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI H MUMBAI H MUMBAI H MUMBAI H BENCH BENCH BENCH BENCH MUMBAI BENCHES MUMBAI MUMBAI BENCHES MUMBAI MUMBAI BENCHES MUMBAI MUMBAI BENCHES MUMBAI BEFORE SHRI R K PANDA AM BEFORE SHRI R K PANDA AM BEFORE SHRI R K PANDA AM BEFORE SHRI R K PANDA AM & SHRI VIJAY PAL RAO JM & SHRI VIJAY PAL RAO JM & SHRI VIJAY PAL RAO JM & SHRI VIJAY PAL RAO JM ITA NO. ITA NO. ITA NO. ITA NO. 4756/MUM/2009 4756/MUM/2009 4756/MUM/2009 4756/MUM/2009 (ASST YEAR (ASST YEAR (ASST YEAR (ASST YEAR 2005 2005 2005 2005- -- -06 0606 06) )) ) METROPOLITAN TRADING CO 10/76 OFF HANES ROAD WORLI MUMBAI 400 018 VS THE ADDL. COMMR OF INCOME TAX RANGE 18(2) MUMBAI (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. PAN NO. PAN NO. PAN NO.AAAFM1474C AAAFM1474C AAAFM1474C AAAFM1474C A SSESSEE BY NONE REVENUE BY SHRI R S SRIVASTAV PER R K PANDA AM PER R K PANDA AM PER R K PANDA AM PER R K PANDA AM THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 16.3.2009 OF THE CIT(A) - XVIII MUMBAI RELATING TO ASSESSMENT YEAR 2005-06. 2 THIS APPEAL WAS GETTING ADJOURNED FROM TIME TO TI ME SINCE 16.4.2010. THIS CASE WAS LAST FIXED FOR HEARING ON 20.1.2011 A ND WAS ADJOURNED TO 17.3.2011. HOWEVER NONE APPEARED ON BEHALF OF THE ASSESSEE WHEN THE NAME OF THE ASSESSEE WAS CALLED AT THE TIME OF HEARING NOR ANY ADJOURNMENT PETITION SEEKING ADJOURNMENT OF THE CASE WAS FILED FROM THE ASSESSEE. THIS TYPE OF CONDUCT OF THE ASSESSEE SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. ACCORDINGLY WE DISMISS THE APPEAL AS NOT ADMITTED BY FOLLOWING THE DECISIONS OF THE HONBLE MADHYA PRADESH HIGH COURT IN ESTATE OF LATE TUKOJIRAO HOLKAR VS CWT(223 ITR 480(MP) AND BY THE DELHI BENC H OF THE TRIBUNAL IN THE CASE OF CIT VS MULTIPLAN (INDIA) PVT LTD (38 ITD 32 0 (DEL). 3 HOWEVER IF THE ASSESSEE THROUGH PROPER APPLICATI ON CAN SATISFY THE TRIBUNAL FOR SUCH NON APPEARANCE ON THE DATE OF HEA RING THE TRIBUNAL MAY AT ITS DISCRETION RECALL THIS ORDER. 2 ITA NO.4756/MUM/2009 4 IN THE RESULT THE APPEAL FILED BY THE ASSESSEE I S DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THE DATE OF H EARING I.E. 17. MAR 2011. SD/ SD/- ( ( ( ( VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO VIJAY PAL RAO ) )) ) JUDICIAL MEMBER ( R K PANDA ) ( R K PANDA ) ( R K PANDA ) ( R K PANDA ) ACCOUNTANT MEMBER PLACE: MUMBAI : DATED: 17 TH MAR 2011 RAJ* COPY FORWARDED TO: 1 APPELLANT 2 RESPONDENT 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER DY /AR ITAT MUMBAI