M/S. PRIMCO P. LTD, v. THE ITO 8(2)(4),

ITA 818/MUM/2004 | 2001-2002
Pronouncement Date: 08-07-2013 | Result: Dismissed

Appeal Details

RSA Number 81819914 RSA 2004
Assessee PAN AAACP4211B
Bench Mumbai
Appeal Number ITA 818/MUM/2004
Duration Of Justice 9 year(s) 4 month(s) 29 day(s)
Appellant M/S. PRIMCO P. LTD,
Respondent THE ITO 8(2)(4),
Appeal Type Income Tax Appeal
Pronouncement Date 08-07-2013
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted C
Tribunal Order Date 08-07-2013
Date Of Final Hearing 08-07-2013
Next Hearing Date 08-07-2013
Assessment Year 2001-2002
Appeal Filed On 09-02-2004
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH MUMBAI BEFORE S/SHRI B.R.MITTAL (JM) AND RAJENDRA (AM) . . ./I.T.A. NO.818/MUM/2004 ( / ASSESSMENT YEAR: 2001-02) M/S PRIMCO PVT.LTD. 601 6 TH FLOOR PLOT NO.53 VITTHAL NAGAR CO-OP.HSG N.S.ROAD NO.2 JVPD SCHEME VILE PARLE (W) MUMBAI-400049. / VS. INCOME TAX OFFICER 8( 2 )( 4 ) AAYAKAR BHAVAN M.K.ROAD MUMBAI-400020. ./I.T.A. NOS.1050 TO 1054/MUM/2007 ( / ASSESSMENT YEAR:1998-1999 TO 2002-03) M/S PRIMCO PVT.LTD. 601 6 TH FLOOR PLOT NO.53 VITTHAL NAGAR CO-OP.HSG N.S.ROAD NO.2 JVPD SCHEME VILE PARLE (W) MUMBAI-400049. / VS. ACIT CENTRAL CIRCLE - 45 AAYAKAR BHAVAN M.K.ROAD MUMBAI-400020. ./ ./PAN/GIR NO. : AAACP4211B ( ' / APPELLANT) .. ( ( ' / RESPONDENT) ' / APPELLANT BY : NONE ( ' * /RESPONDENT BY : MS.C.TRIPURA SUNDARI * - / DATE OF HEARING : 8.7.2013 * - /DATE OF PRONOUNCEMENT : 8.7.2013 / O R D E R PER BENCH THE ASSESSEE HAS FILED THESE APPEALS FOR ASSESSMEN T YEARS 1998-1999 TO 2002-03 AGAINST ORDERS DATED 1.10.2003 OF LD CIT(A )V AND 3.01.2007 OF CIT(A)- CENTRAL-III MUMBAI RESPECTIVELY. SINCE THESE APPEA LS PERTAIN TO SAME ASSESSEE THESE ARE BEING DISPOSED OF BY THIS COMMON ORDER FOR THE SAKE OF CONVENIENCE. ITA NO.818/MUM/2004 AND I.T.A. NOS.1050 TO 1054/MUM/2007 2 2. THESE APPEALS WERE FIXED FOR HEARING ON 8.7.2013 BUT NEITHER THE ASSESSEE OR ITS REPRESENTATIVE PRESENT AT THE TIME OF HEARING NOR T HERE IS ANY APPLICATION FOR ADJOURNMENT. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEALS BEFORE THE TRIBUNAL. IN THIS REGARD WE ARE SUPPORTED BY THE DECISION OF HONBLE CALCUTTA HIGH COURT IN THE CASE OF CIT VS. B.N.BHAT TARCHARGEE AND ANOTHER 118 ITR 460 WHEREIN THEIR LORDSHIPS HAVE HELD THAT THE APPEAL DOES NOT MEAN MERELY FILING OF THE APPEAL BUT EFFECTIVELY PURSUING IT . WE ARE ALSO SUPPORTED BY THE DECISION OF ITAT DELHI IN THE CASE OF CIT VS. MULTIPLAN INDIA (P)LTD . 38 ITD 320(DEL). 3. IN VIEW OF ABOVE AND ALSO CONSIDERING THE PROVIS IONS OF RULE 19 OF THE APPELLATE TRIBUNAL RULES 1963 APPEALS OF THE ASSESSEE ARE L IABLE TO BE DISMISSED. 4. IN THE RESULT APPEALS OF THE ASSESSEE ARE DISMI SSED FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 8 TH JULY 2013 * 1 2 8 TH JULY 2013 * SD /- SD/- ( /RAJENDRA ) ( . . /B.R.MITTAL) / ACCOUNTANT MEMBER / JUDICIAL MEMBER MUMBAI; 2 DATED 8/07/2013 . . ./ SRL SR. PS ! / COPY OF THE ORDER FORWARDED TO : 1. ' / THE APPELLANT 2. ( ' / THE RESPONDENT. 3. 6 ( ) / THE CIT(A)- 4. 6 / CIT 5. 7 (9 - 9 / DR ITAT MUMBAI 6. / GUARD FILE. / BY ORDER TRUE COPY (ASSTT. REGISTRAR) - 9 /ITAT MUMBAI