MANISH N. SHARMA, NAVI MUMBAI v. ACIT 22, NAVI MUMBAI

ITA 4794/MUM/2009 | 2004-2005
Pronouncement Date: 17-03-2011 | Result: Dismissed

Appeal Details

RSA Number 479419914 RSA 2009
Assessee PAN ALLPS5875P
Bench Mumbai
Appeal Number ITA 4794/MUM/2009
Duration Of Justice 1 year(s) 6 month(s) 30 day(s)
Appellant MANISH N. SHARMA, NAVI MUMBAI
Respondent ACIT 22, NAVI 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 24-06-2015
Next Hearing Date 24-06-2015
Assessment Year 2004-2005
Appeal Filed On 18-08-2009
Judgment Text
1 ITA NO.4794/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. 4794/MUM/2009 4794/MUM/2009 4794/MUM/2009 4794/MUM/2009 (ASST YEAR (ASST YEAR (ASST YEAR (ASST YEAR 2004 2004 2004 2004- -- -05 0505 05) )) ) MANISH N SHARMA 24/1202 NRI SEAWOODS ESTATE SECTOR 54-56 58 NERUL NAVI MUMBAI 400 708 VS THE ADDL. COMMR OF INCOME TAX 22 NAVI MUMBAI (APPELLANT) (APPELLANT) (APPELLANT) (APPELLANT) (RESPONDENT) (RESPONDENT) (RESPONDENT) (RESPONDENT) PAN NO. PAN NO. PAN NO. PAN NO.ALLPS5875P ALLPS5875P ALLPS5875P ALLPS5875P A SSESSEE BY NONE REVENUE BY MRS REENA JHA TRIPATHI 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 14.7.2009 OF THE CIT(A) - XXII MUMBAI RELATING TO ASSESSMENT YEAR 2004-05. 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.4794/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 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