KLT AUTOMOTIVE & TUBULAR PRODUCTS LTD ( FORMERLY THAKKARSONS AUTO ANCILLARY INDIA LTD), MUMBAI v. ACIT RG 9(3), MUUMBAI

ITA 7026/MUM/2008 | 2002-2003
Pronouncement Date: 21-05-2010 | Result: Dismissed

Appeal Details

RSA Number 702619914 RSA 2008
Assessee PAN AAACT3895R
Bench Mumbai
Appeal Number ITA 7026/MUM/2008
Duration Of Justice 1 year(s) 5 month(s) 10 day(s)
Appellant KLT AUTOMOTIVE & TUBULAR PRODUCTS LTD ( FORMERLY THAKKARSONS AUTO ANCILLARY INDIA LTD), MUMBAI
Respondent ACIT RG 9(3), MUUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 21-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 21-05-2010
Date Of Final Hearing 31-12-2009
Next Hearing Date 31-12-2009
Assessment Year 2002-2003
Appeal Filed On 11-12-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI. BEFORE SHRI D. MANMOHAN VICE PRESIDENT AND SHRI J. SUDHAKAR REDDY ACCOUNTANT MEMBER I.T.A. NO. 7026 & 7027/MUM/2008. ASSESSMENT YEARS: 2002-03 & 2003-04. KLT AUTOMOTIVE & TUBULAR ASSTT. COMMISSIONER PRODUCTS LTD. (FORMERLY M/S VS. OF INCOME TAX THAKKARSONS AUTO ANCILLORY CIRCLE-9(3) (INDIA) LTD. ) B-1/1 MAYUR MUMBAI. MA KRUPA SOCIETY OPP.GOKHALE SCHOOL SHIMPOLI RIOADM BORIVLI WEST- MUMBAI-4000092. PAN : AAACT3895R APPELLANT RESPONDENT APPELLANT BY : NONE. RESPONDENT BY : SHRI PEEYUSH JAIN. O R D E R PER J. SUDHAKAR REDDY A.M. BOTH THESE APPEALS ARE FILED BY THE ASSESSEE DIRE CTED AGAINST THE SEPARATE ORDERS OF THE CIT(APPEALS) CENTRAL-I MUMBAI DATED 25-09- 2008 FOR ASSESSMENT YEARS 2002-03 AND 2003-04. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE THOUGH THE NOTICE WAS ISSUED BY RPAD. EARLIER A DEFECT MEMO WAS ISSU ED TO THE ASSESSEE INFORMING IT THE DEFECT IN THE APPEAL. THE ASSESSEE HAS NOT RECTIFIED THE SAID DEFECT. UNDER THESE CIRCUMSTANCES WE ARE OF THE CONSIDERED OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THEREFORE RESPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF 2 MULTIPLAN (INDIA) LTD. REPORTED IN 38 ITD 320 AND T HE DECISION OF MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJ IRAO HOLKAR REPORTED IN 223 ITR 480 WE DISMISS THE APPEAL OF T HE ASSESSEE FOR WANT OF PROSECUTION. IN THIS REGARD WE ALSO TAK E SUPPORT FROM THE JUDGMENT OF JURISDICTIONAL HIGH COURT IN THE C ASE OF M/S CHEMIPOL VS. UNION OF INDIA & OTHERS CENTRAL EXCIS E APPEAL NO. 62 OF 2009 ORDER DATED 17 TH SEPT. 2009 WHEREIN IT WAS HELD THAT EVERY COURT OR TRIBUNAL HAS AN INHERENT POWER TO DISMISS THE PROCEEDING FOR NON PROSECUTION WHEN THE PETITIO NER/APPELLANT BEFORE IT DOES NOT WISH TO PROSECUTE THE PROCEEDING . APPLYING THIS PRINCIPLE WE DISMISS THE APPEAL. 4. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DI SMISSED. ORDER PRONOUNCED ON THIS 21 ST DAY OF MAY 2010. SD/- SD/- (D. MANMOHAN) (J. SUDHAKAR REDDY) VICE PRESIDENT. ACCOUNTANT MEMBER. MUMBAI DATED : 21 ST MAY 2010. WAKODE COPY FORWARDED TO : 1. APPELLANT. 2. RESPONDENT 3. C.I.T. 4. CIT(A) 5. DR A-BENCH. (TRUE COPY) BY ORDER ASSTT. REGISTRAR ITAT MUMBAI BENCHES MUMBAI.