NOORUDDIN A. MODI, MUMBAI v. DCIT CEN CIR-42, MUMBAI

I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 1 IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH MUMBAI. [CORAM : D.MANMOHAN V.P. AND PRAMOD KUMAR AM ] I.T.A NO.860/MUM/2010 ASSESSMENT YEAR: 2007-08 NOORUDDIN A MODI .. APPELLANT 130/136 BOOTWALA BLDG. RAUDAT TAHERA STREET MUMBAI. PA NO.AHFPM 4097 D VS DCIT CENT. CIRCLE-42 . RESPONDENT MUMBAI. NONE FOR THE APPELLANT NARESH KUMAR BALODIA FOR THE RESPONDENT O R D E R PER PRAMOD KUMAR: 1. THE APPEAL FILED BY THE ASSESSEE IS DIRECTED AGA INST THE ORDER DATED 26 TH NOVEMBER 2009 OF THE LEARNED CIT (A)-38 MUMBAI I N THE MATTER OF ASSESSMENT UNDER SECTION 143(3) OF THE INCOME TAX ACT 1961 F OR THE ASSESSMENT YEAR 2007-08. 2. THE HEARING IN THIS CASE WAS LAST FIXED FOR 4.11 .2010. AT THE REQUEST OF THE LEARNED DEPARTMENTAL REPRESENTATIVE THE HEARING WA S ADJOURNED TO 17.1.2011 AND THE DATE WAS ANNOUNCED IN THE OPEN COURT. HOWEVER ON 17.1.2011 WHEN THE MATTER WAS CALLED ON FOR HEARING NO ONE APPEARED ON BEHAL F OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. FROM THE ABOV E IT IS CLEAR THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL BEFORE THE TRI BUNAL. WE THEREFORE FOLLOWING THE I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 2 DECISION OF THE DELHI BENCH OF THE ITAT IN THE CASE OF MULTIPLAN INDIA (P)LTD. 38 ITD 320 DISMISS THE APPEAL FOR NON-PROSECUTION 3. IN THE RESULT THE APPEAL STANDS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 17 TH JANUARY 2011 SD/- (D.MANMOHAN ) (VICE PRESIDENT) SD/- (PRAMOD KUMAR) (ACCOUNTANT MEMBER) MUMBAI DATED 17 TH JANUARY 2011 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS) 38 MUMBAI 4. COMMISSIONER OF INCOME TAX CENTRAL-IV MUMBAI 5. DEPARTMENTAL REPRESENTATIVE BENCH B MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR ITAT MUMBAI I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 3 I.T.A NO.860/MUM/2010 NOORUDDIN A MODI 4