SHRI. SUNIL N. KOTHARI, MUMBAI v. DCIT CIR-36, MUMBAI

ITA 984/MUM/2008 | 1993-1994
Pronouncement Date: 28-05-2010 | Result: Dismissed

Appeal Details

RSA Number 98419914 RSA 2008
Assessee PAN AACPK3935G
Bench Mumbai
Appeal Number ITA 984/MUM/2008
Duration Of Justice 2 year(s) 3 month(s) 16 day(s)
Appellant SHRI. SUNIL N. KOTHARI, MUMBAI
Respondent DCIT CIR-36, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted J
Tribunal Order Date 28-05-2010
Date Of Final Hearing 14-05-2010
Next Hearing Date 14-05-2010
Assessment Year 1993-1994
Appeal Filed On 11-02-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH MUMBAI BEFORE SHRI D.K. AGARWAL JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH ACCOUNTANT MEMBER ITA NO. 984/MUM/2008 (ASSESSMENT YEAR: 1993-94) SHRI SUNIL N. KOTHARI DCIT CIRCLE 36 C/O. DUSHYANT PAREKH MUMBAI 204 ANJANI COMPLEX 2ND FLOOR VS. ANDHERI (E) MUMBAI 400099 PAN - AACPK 3935 G APPELLANT RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI BALAKRISHNAN O R D E R PER B. RAMAKOTAIAH A.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 11.02 .2008 AGAINST THE ORDER OF THE LEARNED CIT(A) VIII MUMBAI DATED 05.1 1.2007 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3) OF THE ACT FO R A.Y. 1993-94. 2. THIS APPEAL WAS FIXED FOR HEARING FROM TIME TO T IME BUT EVERY TIME IT WAS ADJOURNED DUE TO DIFFERENT REASONS INCLUDING RE QUEST OF THE ASSESSEE ON SEVERAL TIMES. FINALLY THIS APPEAL WAS FIXED FOR HE ARING BEFORE US ON 14.05.2010 FOR WHICH PURPOSE NOTICE OF HEARING WAS SERVED THROUGH NOTICE BOARD. HOWEVER ON THE DATE OF HEARING WHEN THIS AP PEAL WAS CALLED UPON FOR HEARING NO ONE APPEARED ON BEHALF OF THE ASSESS EE. THERE IS ALSO NO APPLICATION OR REQUEST FOR ADJOURNMENT. IT THEREFOR E APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOUT PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF CIT VS. MUL TIPLAN INDIA (P) LTD. REPORTED IN 38 ITD 320 (DEL); AS ALSO THE DECISION OF THE HONBLE MADHYA ITA NO. 984/MUM/2008 SHRI SUNIL N. KOTHARI 2 PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TU KOJIRAO HOLKAR VS. CWT REPORTED IN 223 ITR 480 (MP) WE DISMISS THIS APPEA L AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 28 TH MAY 2010. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI DATED: 28 TH MAY 2010 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) CENTRAL VIII MUMBAI 4. THE CIT CENTRAL III MUMBAI CITY 5. THE DR J BENCH ITAT MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT MUMBAI BENCHES MUMBAI N.P.