M/s Taher Ali Industries &Projects (P)Ltd.,, Hyderabad v. ACIT, Hyderabad

ITA 843/HYD/2008 | 2004-2005
Pronouncement Date: 02-09-2010 | Result: Partly Allowed

Appeal Details

RSA Number 84322514 RSA 2008
Assessee PAN AABCT4110E
Bench Hyderabad
Appeal Number ITA 843/HYD/2008
Duration Of Justice 2 year(s) 3 month(s) 26 day(s)
Appellant M/s Taher Ali Industries &Projects (P)Ltd.,, Hyderabad
Respondent ACIT, Hyderabad
Appeal Type Income Tax Appeal
Pronouncement Date 02-09-2010
Appeal Filed By Assessee
Order Result Partly Allowed
Bench Allotted B
Tribunal Order Date 02-09-2010
Date Of Final Hearing 02-09-2010
Next Hearing Date 02-09-2010
Assessment Year 2004-2005
Appeal Filed On 07-05-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL HYDERABAD BENCH B' HYDERABAD BEFORE SHRI G.C.GUPTA VICE PRESIDENT AND SHRI AKBER BASHA ACCOUNTANT MEMBER ITA NO.720/HYD/07 : ASSTT . YEAR 2003-04 ITA NO.843/HYD/08 : ASSTT . YEAR 2004-05 ITA NO.1482/HYD/08 : ASST T. YEAR 2005-06 ITA NO.807/HYD/09 : ASSTT . YEAR 2006-07 M/S. TAHER ALI INDUSTRIES & PROJECTS (P) LIMITED HYDERABAD ( PAN - AABCT 4110 E ) V/S. ASST. COMMISSIONER OF INCOME TAX CIRCLE 2(3) /ADDL. COMMISSIONER OF INCOME-TAX RANGE-2 HYDERABAD (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SMT. VASUNDHARA SINHA. O R D E R PER G.C.GUPTA VICE PRESIDENT: THESE FOUR APPEALS BY THE ASSESSEE FOR THE ASSESSMENT YEARS 2003-04 TO 2006-07 ARE DIRECTED AGAINST THE ORDERS OF THE COMMISSIONER OF INCOME-TAX (APPEALS). 2. AT THE TIME OF HEARING ON 2ND SEPTEMBER 2010 NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF NOT ICE OF HEARING ON THE ASSESSEE. THOUGH A PETITION SEEKING ADJOURNMENT O F HEARING WAS FILED IN THE ABSENCE OF ANY JUSTIFICATION OR REASONABL E CAUSE FOR SUCH A REQUEST FOR ADJOURNMENT AND SINCE HEARING ON THESE APP EALS WAS ITA NO.720/HYD/07 AND THREE OTHERS M/S. TAHER ALI INDUSTRIES & PROJECTS (P) LTD HYD 2 ADJOURNED ON AS MANY AS FIVE OCCASIONS AT THE REQUEST OF T HE ASSESSEE OR ITS COUNSEL WE HAVE REJECTED THE SAME. IN THIS VIEW OF THE MATTER IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE SE APPEALS BEFORE THE TRIBUNAL. AS HELD BY THE HONBLE ITAT DE LHI BENCH IN THE CASE OF CIT V/S. MUTLIPLAN INDIA LIMITED (38 ITD 320) THERE MAY BE VARIOUS REASONS FOR THE APPELLANT TO REMAIN ABSENT AT T HE TIME OF HEARING. ONE OF THE REASONS MIGHT BE A DESIGN OR ABSENCE OF NEED TO PROSECUTE THE APPEAL. FOLLOWING THE SAID DECISION AND CONSIDERING TH E FACTS AND CIRCUMSTANCES OF THE PRESENT CASE WE DISMISS THESE APPEALS IN LIMINE WITH LIBERTY TO THE ASSESSEE TO FILE A PETITION TO SEEK RECALL THIS ORDER IF THERE IS SUFFICIENT CAUSE FOR NON-APPEARANCE ON BEHALF OF THE ASSESSEE ON 2.9.2010. 3. IN THE RESULT ALL THE FOUR APPEALS OF THE ASSESSEE ARE DISMISSED IN LIMINE. ORDER PRONOUNCED IN THE COURT AT THE CONCLUSION OF HE ARING OF THE APPEAL ON 2 SEPTEMBER 2010 SD/- SD/- (AKBER BASHA) (G.C.GUPTA) ACCOUNTANT MEMBER VICE PRESIDENT DT/- 2ND SEPTEMBER 2010 COPY FORWARDED TO: 1. M/S. TAHER ALI INDUSTRIES & PROJECTS (P) LIMITED F LAT NO.102 103 PAVANI AVENUE RAJ BHAVAN ROAD SOMAJIGUDA HYDERABAD-82 ITA NO.720/HYD/07 AND THREE OTHERS M/S. TAHER ALI INDUSTRIES & PROJECTS (P) LTD HYD 3 2. ADDL. COMMISSIONER OF INCOME-TAX RANGE-2 HYDERABAD. 3. ASSTT. COMMISSIONER OF INCOME TAX CIRCLE 2(3) HYDERA BAD. 4. COMMISSIONER OF INCOME-TAX(APPEALS) VI HYDERABAD 5. COMMISSIONER OF INCOME-TAX II HYDERABAD. DEPARTMENTAL REPRESENTATIVE ITAT HYDERABAD. B.V.S.