HARDEV ENGINEERS P. LTD, MUMBAI v. ITO WD 6(3)(2), MUMBAI

ITA 578/MUM/2009 | 2002-2003
Pronouncement Date: 28-01-2010 | Result: Dismissed

Appeal Details

RSA Number 57819914 RSA 2009
Bench Mumbai
Appeal Number ITA 578/MUM/2009
Duration Of Justice 1 year(s)
Appellant HARDEV ENGINEERS P. LTD, MUMBAI
Respondent ITO WD 6(3)(2), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-01-2010
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted H
Tribunal Order Date 28-01-2010
Date Of Final Hearing 27-01-2010
Next Hearing Date 27-01-2010
Assessment Year 2002-2003
Appeal Filed On 28-01-2009
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H MUMBAI BEFORE SHRI J. SUDHAKAR REDDY (AM) AND SMT. ASHA VIJAYARAGHAVAN (JM) ITA NO. 578/MUM/2009 ASSESSMENT YEAR-2002-03 HARDEV ENGINEERS PVT. LTD. 136 GREAT WESTERN BLDG. NAGINDAS MASTER ROAD EXTN. FORT MUMBAI-400 001 PAN - AA C H1171Q VS. THE ITO WARD 6(3)(2) AAYAKAR BHAVAN MUMBAI-400 020 (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SHRI KESHAV SAXENA O R D E R PER SMT. ASHA VIJAYARAGHAVAN (JM) THIS APPEAL PREFERRED BY THE ASSESSEE IS DIRECTED A GAINST THE ORDER DT. 5.11.2008 PASSED BY THE LD CIT(A)-XXV MUMBAI F OR THE ASSESSMENT YEAR 2002-03. 2. THIS APPEAL HAS BEEN POSTED FOR HEARING ON 27.1. 2010. A NOTICE OF HEARING WAS SENT BY R.P.A.D. TO THE ASSESSEE ON 21. 10.2009. AT THE TIME OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE . THE ASSESSEE HAS NOT INFORMED ANY OTHER ADDRESS SO AS TO ENABLE THE REGISTRY TO SERVE THE NOTICE ON THE ASSESSEE. IN THE CIRCUMSTANCES WE P RESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEA L. THEREFORE APPLYING THE RATIO OF DECISION IN THE CASE OF MULTIPLAN (IND IA) P. LTD. 38 ITD 320 (DEL) AND THE JUDGEMENT OF HONBLE MADHYA PRADESH H IGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS CWT 223 ITR 480(MP) WE DISMISS THIS APPEAL AS UNADMITTED FOR WANT OF PROSE CUTION BY THE ASSESSEE. ITA NO. 578/M/09 2 3. THE ASSESSEE SHALL HOWEVER BE AT LIBERTY TO AP PROACH THE TRIBUNAL FOR RECALLING OF THIS ORDER IF PREVENTED BY SUFFIC IENT CAUSE FOR NON- APPEARANCE ON THE DATE OF HEARING. 4. IN THE RESULT THE APPEAL FILED BY THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED ON THIS 28 TH DAY OF JANUARY 2010 SD/- SD/- (J.SUDHAKAR REDDY) ASHAVIJAYARAGHAVAN ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI DATED 28 TH JANUARY 2010 RJ COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT-CONCERNED 4. THE CIT(A)-CONCERNED 5. THE DR H BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR I.T.A.T MUMBAI ITA NO. 578/M/09 3 DATE INITIALS 1 DRAFT DICTATED ON: 27.1.2010 SR. PS/PS 2. DRAFT PLACED BEFORE AUTHOR: 27.1.2010 ______ SR. PS/PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER: _________ ______ JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER: _________ ______ JM/AM 5. APPROVED DRAFT COMES TO THE SR. PS/PS: _________ ______ SR. PS/PS 6. KEPT FOR PRONOUNCEMENT ON: _________ ______ SR. PS/ PS 7. FILE SENT TO THE BENCH CLERK: _________ ______ SR. PS/PS 8. DATE ON WHICH FILE GOES TO THE HEAD CLERK: _________ ______ 9. DATE OF DISPATCH OF ORDER: _________ ______