M/s. MALABAR INDUSTRIES P. LTD., MUMBAI v. ITO Wd. - 5(2)3, MUMBAI

ITA 6626/MUM/2006 | 2003-2004
Pronouncement Date: 31-12-2010 | Result: Dismissed

Appeal Details

RSA Number 662619914 RSA 2006
Assessee PAN AACCM1317K
Bench Mumbai
Appeal Number ITA 6626/MUM/2006
Duration Of Justice 4 year(s) 23 day(s)
Appellant M/s. MALABAR INDUSTRIES P. LTD., MUMBAI
Respondent ITO Wd. - 5(2)3, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 31-12-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 31-12-2010
Date Of Final Hearing 28-12-2010
Next Hearing Date 28-12-2010
Assessment Year 2003-2004
Appeal Filed On 07-12-2006
Judgment Text
1 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH B MUMBAI BEFORE SHRI J. SUDHAKAR REDDY ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR JUDICIAL MEMBER. I.T.A. NO. 6626/MUM/2006. ASSESSMENT YEAR : 2003-04 MALABAR INDUSTRIES P. LTD. THE INCOME TAX OFFICER 101 CHITRAKOOT ALTAMOUNT ROAD VS. WARD-5(2)3 MUMBAI. MUMBAI 400 026. PAN AACCM1317K APPELLANT. RESPONDENT. APPELLANT BY : NONE. RESPONDENT BY : SHRI NARESH K UMAR BALODIA. . O R D E R PER J. SUDHAKAR REDDY A.M. : THIS IS AN APPEAL FILED BY THE ASSESSEE DIRECTED AG AINST THE ORDER OF THE CIT(APPEALS)-V MUMBAI DATED 14-09-2006. 2. NOBODY APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING ON 28-12- 2010. NO PETITION SEEKING ADJOURNMENT OF THE CASE HAS BEEN FILED. ON EARLIER OCCASIONS ALSO WHEN THE CASE WAS FIXED FOR HEARING THE ASSESSEES COUNSEL FILED LETTERS FOR ADJOURNMENT AND THE ADJOURNMENT WAS GRA NTED INFORMING THE PARTIES ABOUT THE NEXT DATE OF HEARING. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THEREFORE FOLLOWING THE RA TIO LAID DOWN BY THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA PVT. LTD. 38 ITD 320 A S WELL AS THE JUDGEMENT OF 2 HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ES TATE OF LATE TUKOJIRAO HOLKAR VS. CWT 223 ITR 480 THE APPEAL FILED BY THE ASSES SEE IS DISMISSED IN LIMINE. 3. HOWEVER IF THE ASSESSEE THROUGH PROPER APPLICAT ION CAN SATISFY THE TRIBUNAL FOR SUCH NON-APPEARANCE ON THE DATE OF HEARING THE TRIBUNAL MAY AT ITS DISCRETION RECALL THE ORDER. ORDER PRONOUNCED IN THE OPEN COURT ON 31 ST DEC. 2010. SD/- SD/- (R.S. PADVEKAR) (J. SUD HAKAR REDDY) JUDICIAL MEMBER. ACCOUNTANT MEMBER MUMBAI DATED: 31 ST DEC. 2010. COPY TO : 1. APPELLANT 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR B-BENCH (TRUE COPY) BY ORDER ASSTT. REGIST RAR ITAT MUMBAI . WAKODE