SHALIMAR TEXTILES P. LTD, MUMBAI v. ACIT 5(2), MUMBAI

ITA 6112/MUM/2009 | 2005-2006
Pronouncement Date: 17-05-2010 | Result: Dismissed

Appeal Details

RSA Number 611219914 RSA 2009
Assessee PAN AAACH2034G
Bench Mumbai
Appeal Number ITA 6112/MUM/2009
Duration Of Justice 5 month(s) 27 day(s)
Appellant SHALIMAR TEXTILES P. LTD, MUMBAI
Respondent ACIT 5(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 17-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted E
Tribunal Order Date 17-05-2010
Date Of Final Hearing 10-03-2011
Next Hearing Date 10-03-2011
Assessment Year 2005-2006
Appeal Filed On 20-11-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH SMC MUMBAI BEFORE SHRI R.K.PANDA AM I.T.A. NO. 6112/MUM/2009 (ASSESSMENT YEAR 2005-06) M/S. SHALIMAR TEXTILES PVT. LTD. SHALIMAR HOUSE 335 GRANT ROAD MUMBAI-400 007 PAN: AAACH2034G VS. ASST. CIT-5(2) 5(2) MUMBAI APPELLANT RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SHRI C.P. PATHAK ORDER DATE OF HEARING: 17.05.2010 DATE OF ORDER: 17.05.2010 THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 24 TH JULY 2009 OF THE CIT(A)-V MUMBAI RELATING TO ASSESSMENT YEAR 2005-06. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE. IT WAS SEEN THAT THE NOTICE ISSUED B Y RPAD AS PER THE ADDRESS GIVEN IN FORM NO. 36 OF THE APPE AL MEMO WAS RETURNED BY THE POSTAL AUTHORITIES. THE ASSESSEE HAS NOT INTIMATED THE CHANGE OF ADDRESS I F ANY TO THE REGISTRY. THEREFORE IT APPEARS THAT THE AS SESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED B Y IT. THEREFORE FOLLOWING THE RATIO LAID DOWN BY THE TRI BUNAL IN THE CASE OF MULTIPLAN INDIA PVT. LTD. 38 ITD 32 0 AS WELL AS THE JUDGEMENT OF HON'BLE MADHYA PRADESH HIG H COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT 223 ITR 480 THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. 3. HOWEVER IF THE ASSESSEE THROUGH PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUCH NON-APPEARANCE ON THE I.T.A. NO. 6112/MUM/2009 M/S. SHALIMAR TEXTILES PVT. LTD. ======================= 2 DATE OF HEARING THE TRIBUNAL MAY AT ITS DISCRETIO N RECALL THE ORDER. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THE DATE OF HEARING ITSELF. SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI DATED 17TH MAY 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-V MUMBAI 4. THE CIT MC-V MUMBAI 5. THE DR SMC BENCH. //TRUE COPY// / / TRUE COPY / / BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI TPRAO I.T.A. NO. 6112/MUM/2009 M/S. SHALIMAR TEXTILES PVT. LTD. ======================= 3 DATE INITIALS DRAFT DICTATED ON 17 .01.2010 SR. P.S. DRAFT PLACED BEFORE THE AUTHOR 17.01.2010 SR. P. S. DRAFT PROPOSED AND PLACED BEFORE THE SECOND MEMBER AM/JM DRAFT DISCUSSED/APPROVED BY SECOND MEMBER AM/JM APPROVED DRAFT COMES TO THE SR. PS SR. P.S. KEPT FOR PRONOUNCEMENT ON SR. P.S. FILE SENT TO THE BENCH CLERK SR. P.S. DATE ON WHICH FILE GOES TO THE HEAD CLERK DATE OF DISPATCH