JMP INVESTMENTS P. LTD, MUMBAI v. DCIT CIR 2(2), MUMBAI

ITA 4936/MUM/2009 | 2005-2006
Pronouncement Date: 22-07-2011 | Result: Dismissed

Appeal Details

RSA Number 493619914 RSA 2009
Assessee PAN AAACJ3002E
Bench Mumbai
Appeal Number ITA 4936/MUM/2009
Duration Of Justice 1 year(s) 10 month(s) 26 day(s)
Appellant JMP INVESTMENTS P. LTD, MUMBAI
Respondent DCIT CIR 2(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 22-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 22-07-2011
Date Of Final Hearing 13-06-2013
Next Hearing Date 13-06-2013
Assessment Year 2005-2006
Appeal Filed On 27-08-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL J BENCH: MUMBAI BEFORE SHRI R.S. PADVEKAR JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER ITA NO.4936/MUM /2009 (ASSESSMENT YEAR: 2005-06) M/S. JMP INVESTMENTS PVT. LTD. ROHIT CHAMBERS JANMABHOOMI MARG FORT MUMBAI -400 001 ....... APPELLANT VS DY. COMMISSIONER OF INCOME-TAX CIRCLE 2(2) AAYAKAR BHAVAN M.K. ROAD MUMBAI -400 020 ..... RESPONDENT PAN: AAACJ 3002 E APPELLANT BY: NONE RESPONDENT BY: SHRI S.K. SINGH O R D E R PER R.S. PADVEKAR JM THIS APPEAL IS FILED BY THE ASSESSEE CHALLENGING TH E IMPUGNED ORDER OF THE LD. CIT (A)-3 MUMBAI DATED 18.06.2009 FOR THE A.Y. 2005- 06. 2. IN THIS CASE THE 1ST NOTICE OF HEARING HAS BEEN SERVED BY REGISTERED POST AND SUBSEQUENT NOTICES THROUGH THE NOTICE BOARD. THIS APPEAL WAS FIXED FOR HEARING ON 18.07.2011. ON THE LAST DATE OF HEARING I.E. ON 18.07.2011 NONE APPEARED ON BEHALF OF THE ASSESSEE AND THE ASSESSEE EVEN DID NOT FILE ANY APPLICATION FOR THE ADJOURNMENT. WE ARE THEREFORE OF THE OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. WE THEREFORE FOLLOWING TH E DECISION OF THE ITA 4936/MUM/2009 M/S. JMP INVESTMENTS PVT. LTD. 2 HONBLE HIGH COURT OF MADHYA PRADESH IN THE CASE OF TUKOJIRAO HOLKAR VS. CWT (223 ITR 480)(MP) AS WELL AS THE DECISION O F THE ITAT DELHI BENCH IN THE CASE OF MULTIPLAN (INDIA) PVT. LTD. (3 8 ITD 320)(DEL) DISMISS THE APPEAL AS NON-ADMITTED. 3. IN THE CASE OF CIT VS. B. N. BHATTACHARGEE & ANO THER (1979) 118 ITR 461 (SC) THEIR LORDSHIPS OF SUPREME COURT AT PAGE 477-78 HAS HELD THAT THE APPEAL DOES NOT MERELY MEAN FILIN G OF THE MEMO OF APPEAL BUT EFFECTIVELY PURSUING THE SAME. WE THERE FORE CONSTRAINED TO PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PURS UING THE APPEAL. 4. IN THE RESULT THE ASSESSEES APPEAL STANDS DIS MISSED IN LIMINE. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 2ND JULY 2011. SD/- SD/- ( B. RAMAKOTAIAH ) ACCOUNTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI DATE: 22ND JULY 2011 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)3 MUMBAI. 4) THE CIT-3 MUMBAI. 5) THE D.R. J BENCH MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T. MUMBAI *CHAVAN ITA 4936/MUM/2009 M/S. JMP INVESTMENTS PVT. LTD. 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 18.07.2011 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 20.07.2011 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/PS 6 KEPT FOR PRONOUNCEMENT ON SR.PS/PS 7 FILE SENT TO THE BENCH CLERK SR.PS/PS 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER