ABHAY G. PAGDHARE, THANE v. ACIT, MUMBAI

ITA 6632/MUM/2009 | 2005-2006
Pronouncement Date: 28-07-2011 | Result: Dismissed

Appeal Details

RSA Number 663219914 RSA 2009
Assessee PAN AFJPP7458R
Bench Mumbai
Appeal Number ITA 6632/MUM/2009
Duration Of Justice 1 year(s) 6 month(s) 28 day(s)
Appellant ABHAY G. PAGDHARE, THANE
Respondent ACIT, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-07-2011
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 28-07-2011
Date Of Final Hearing 20-12-2010
Next Hearing Date 20-12-2010
Assessment Year 2005-2006
Appeal Filed On 30-12-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI R.K.PANDA ACCOUNTANT MEMBER I.T.A. NO. 6632/MUM/2009 (ASSESSMENT YEAR 2005-06) DR. ABHAY G. PAGDHARE PHILIA HOSPITAL AT TEMBHODE ROAD PALGHAR TAL. PALGHAR DIST.THANE 401 404 MAHARASHTRA PAN NO: AFJPP7458R VS. C.I.T A(II) OFFICE OF THE COMMISSIONER OF INCOME TAX (A)-II THANE VARDAAN 9 TH FLOOR MIDC WAGLE INDL. ESTATE THANE MAHARASHTRA (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : SHRI P.K. B. MENON O R D E R PER R.K. PANDA A.M. THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 27.10.2009 OF THE CIT(A)-II THANE RELATING TO ASSE SSMENT YEAR 2005-06. 2. THIS APPEAL WAS FIXED FOR HEARING TODAY. NONE APPEA RED ON BEHALF OF THE ASSESSEE WHEN THE NAME OF THE ASSESSEE WAS CALL ED. NO PETITION SEEKING ADJOURNMENT OF THE CASE HAS BEEN FILED. THE CONDUC T OF THE ASSESSEE SHOWS THAT HE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY HIM. THEREFORE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA PVT. LTD. REPORTED IN 38 ITD 320 AS WELL AS THE JUDGMENT OF H ON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480 THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN LIMINE. I.T.A. NO. 6632/MUM/2009 DR. ABHAY G. PAGDHARE 2 3. HOWEVER IF THE ASSESSEE THROUGH PROPER APPLICATION CAN SATISFY THE TRIBUNAL FOR SUCH NON-APPEARANCE ON THE DATE OF HEA RING THE TRIBUNAL MAY AT ITS DISCRETION RECALL THE ORDER. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF H EARING ITSELF I.E. ON 28 TH JULY 2011. SD/- ( D.K. AGARWAL ) JUDICIAL MEMBER SD/- (R.K. PANDA) ACCOUNTANT MEMBER MUMBAI DATED : 28/07/2011 COPY FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE C.I.T. 4. CIT (A) 5. THE DR A - BENCH ITAT MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI ROSHANI