RAJAMOHAN SUNDARESAN, MUMBAI v. ITO 26(2)(1), MUMBAI

ITA 5169/MUM/2009 | 2004-2005
Pronouncement Date: 14-05-2010 | Result: Dismissed

Appeal Details

RSA Number 516919914 RSA 2009
Assessee PAN ADWPS9777R
Bench Mumbai
Appeal Number ITA 5169/MUM/2009
Duration Of Justice 8 month(s) 3 day(s)
Appellant RAJAMOHAN SUNDARESAN, MUMBAI
Respondent ITO 26(2)(1), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 14-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 14-05-2010
Assessment Year 2004-2005
Appeal Filed On 10-09-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D MUMBAI BEFORE SHRI. N.V. VASUDEVAN (J.M.) AND SHRI. R.K. P ANDA (A.M) ITA NO.5167/MUM/2009 ASSESSMENT YEAR: 2002-2003 ITA NO.5168/MUM/2009 ASSESSMENT YEAR: 2003-2004 ITA NO.5169/MUM/2009 ASSESSMENT YEAR: 2004-2005 RAJAMOHAN SUNDARESAN 708 MATRRI TOWER 7 TH FLR. NR. OSWAL PARK POKHARAN RD. RGBW MUMBAI 400 601. PAN : ADWPS9777R VS. ITO 26(2)(1) K.G. MITTAL AYURVEDIC HOSP. BLDG. CHARNI ROAD MUMBAI 400 002. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI ANURAG SRIVASTAVA. O R D E R PER N.V. VASUDEVAN J.M. THESE ARE APPEALS BY THE ASSESSEE AGAINST THREE ORD ERS ALL DATED 12.06.2009 OF LEARNED CIT(A)-XXVI MUMBAI RELATING TO ASSESSMENT YEAR 2002-2003 TO ASSESSMENT YEAR 2004-2005. 2. NOTICE OF HEARING WAS SENT TO THE ASSESSEE AT TH E ADDRESS GIVEN IN THE FORM NO.36 BY REGISTERED POST A PROOF OF WHICH IS AVAILABLE ON THE RECORD. THE SAME HAS BEEN RETURNED UNSERVED WITH THE POSTAL ENROLMENT LEFT A PROOF OF WHICH IS AVAILABLE ON THE RECORD. IT APPE ARS THAT ASSESSEE IS NOT SERIOUSLY INTERESTED IN PROSECUTING ITS APPEALS FIL ED BEFORE THE TRIBUNAL. 3. CONSIDERING THE FACTS STATED ABOVE AND KEEPING I N MIND PROVISIONS OF RULE 19(2) OF THE ITAT RULE AS WERE CONSIDERED BY T HE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA PVT. LTD. 38 ITD 320(DELHI) AS WELL AS BY THE HONBLE ITA NO.5167/MUM/2009 ITA NO.5168/MUM/2009 ITA NO.5169/MUM/2009 2 M.P. HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJ IRAO HOLKAR VS. CWT 223 ITR 480 (MP) THIS APPEAL OF THE ASSESSEE IS TREATE D AS UNADMITTED AND DISMISSED FOR WANT OF PROSECUTION. THE ASSESSEE I F SO ADVISED SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE REASONS FOR NON -COMPLIANCE AND SEEKING RECALL OF THIS ORDER AND IF THE BENCH IS SO SATISFI ED THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISS ED. ORDER PRONOUNCED ON THIS 14 TH DAY OF MAY 2010. SD/- (R.K. PANDA) (ACCOUNTANT MEMBER) SD/- (N.V. VASUDEVAN) (JUDICIAL MEMBER) MUMBAI DATED 14 TH MAY 2010. JANHAVI COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS)- MUM BAI 4. COMMISSIONER OF INCOME TAX CITY- MUMBAI 5. DEPARTMENTAL REPRESENTATIVE BENCH D MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR ITAT MUMBAI ITA NO.5167/MUM/2009 ITA NO.5168/MUM/2009 ITA NO.5169/MUM/2009 3 DATE INITIALS 1. DRAFT DICTATED ON 11-05-2010 PS 2. DRAFT PLACED BEFORE AUTHOR 11-05-2010 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER AM/JM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/J M 5. APPROVED DRAFT COMES TO THE SR. PS PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK 9. DATE OF DISPATCH OF ORDER