Shri Ajaysinh Harisingh Chauhan, v. The Income tax Officer,Ward-1,, Vapi

ITA 1729/AHD/2008 | 2004-2005
Pronouncement Date: 28-05-2010 | Result: Dismissed

Appeal Details

RSA Number 172920514 RSA 2008
Assessee PAN ACXPC0007E
Bench Ahmedabad
Appeal Number ITA 1729/AHD/2008
Duration Of Justice 2 year(s) 12 day(s)
Appellant Shri Ajaysinh Harisingh Chauhan,
Respondent The Income tax Officer,Ward-1,, Vapi
Appeal Type Income Tax Appeal
Pronouncement Date 28-05-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted D
Tribunal Order Date 28-05-2010
Date Of Final Hearing 25-05-2010
Next Hearing Date 25-05-2010
Assessment Year 2004-2005
Appeal Filed On 16-05-2008
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL : D BENCH : AHMEDABAD CAMP AT SURAT (BEFORE HONBLE SHRI T.K. SHARMA J.M. & HONBLE SH RI D.C. AGRAWAL A.M.) I.T.A. NO. 1729/AHD./2008 ASSESSMENT YEAR : 2004-2005 SHRI AJAYSINH HARISINGH CHAUHAN SILVASA -VS.- INCOME TAX OFFICER WARD-1 VAPI (PAN : ACXPC 0007 E) (APPELLANT) (RESPONDENT) APPELLANT BY : N O N E RESPONDENT BY : SMT. JYOTI LAXMI SR . D.R. O R D E R PER SHRI T.K. SHARMA JUDICIAL MEMBER : THIS APPEAL FILED BY THE ASSESSEE IS AGAINST THE O RDER DATED 19.10.2007 OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS) VALSAD FOR THE ASSESSMENT YEAR 2004-05. 2. THE APPEAL WAS FIXED FOR HEARING ON 25.05.2010. IN THE CASE NOTICE FIXING THE DATE OF HEARING I.E. ON 25.05.2010 WAS ISSUED BY REGISTERE D POST BUT RETURNED UNSERVED WITH THE POSTAL REMARK LEFT. THE ACKNOWLEDGMENT CARD IS PLACED ON RECORD. ON THE DATE OF HEARING NEITHER ANYBODY APPEARED FROM THE SIDE OF THE ASSESSEE NOR AN APPLICATION OF ADJOURNMENT WAS RECEIVED. 3. AT THE TIME OF HEARING ON BEHALF OF REVENUE SMT . JYOTI LAXMI SR. D.R. APPEARED AND CONTENDED THAT SINCE NONE WAS PRESENT ON BEHALF OF ASSESSEE IT PRESUMES THAT THE ASSESSEE IS NOT INTERESTED TO PROSECUTE THE APPEAL. 4. DESPITE THE NOTICE OF HEARING SENT THROUGH REGIS TERED POST NEITHER ANYBODY APPEARED FROM THE SIDE OF ASSESSEE ON THE DATE FIXED FOR HEARING NOR ANY APPLICATION FOR ADJOURNMENT RECEIVED THEREFORE WE PRESUME THAT THE ASSESSEE IS NOT INTE RESTED TO PROSECUTE THE APPEAL. IT IS THE DUTY OF THE ASSESSEE TO INFORM THE CORRECT ADDRESS TO THE R EGISTRY. 2 ITA NO. 1729/AHD/200 8 CONSIDERING THE FACTS AND KEEPING IN MIND THE PROV ISIONS OF RULE 19(2) OF THE APPELLATE TRIBUNAL RULES AS WERE CONSIDERED IN 38 I.T.D. 320 (DELHI) IN THE CASE OF CIT VS.- MULTIPLAN INDIA LTD. WE TREAT THIS APPEAL AS UNADMITTED. 5. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED IN LIMINE. THE ORDER WAS PRONOUNCED IN THE COURT ON 28.05.2010 . SD/- SD/- (D.C. AGRAWAL) (T.K. SHARMA ) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 28 / 05 /2010 COPY OF THE ORDER IS FORWARDED TO : 1) THE ASSESSEE (2) THE DEPARTMENT. 3) CIT(A) CONCERNED (4) CIT CONCERNED (5) D.R. ITAT AHMEDABAD. TRUE COPY BY ORDER DEPUTY REGISTRAR ITAT AHMEDABAD LAHA/SR.P.S.