IN THE INCOME TAX APPELLATE TRIBUNAL
"A" Bench, Mumbai
Before Shri D. Manmohan, Vice President
and Shri Sanjay Arora, Accountant Member
ITA No. 8284 to 8288/Mum/2010
(Assessment Year: 2000-01, 2003-04, 2004-05, 2006-07 & 2007-08)
Shri Arun G. Vartak ACIT, Circle 2
Madhusmriti Vs. Thane
Tarkhad, Vasari Road
Dist. Thane 401 201
PAN - AAFPV 5685 F
Appellant Respondent
Appellant by: None
Respondent by: Shri Surinder Jit Singh
Date of Hearing: 22.04.2013
Date of Pronouncement: 22.04.2013
ORDER
Per Bench
These appeals are filed by the assessee against the orders passed by the
CIT(A)-I, Thane.
2. As can be noticed from the order sheet entries in ITA No. 8284/Mum/
2010 the assessee initially filed petition seeking stay of collection of
outstanding demand and accordingly the case also was posted for hearing
on out of turn basis but thereafter the assessee having sought adjournments
from time to time, stay granted by the Bench was vacated and the appeals
were directed to be listed for hearing in the usual course. Again the case was
posted on 11.06.2012, on which date the Bench did not function and hence
the case was listed for hearing on 09.10.2012, on which it was noticed that
the assessee was not informed of the date of hearing and accordingly the
case was adjourned to 24.12.2012. The Registry was directed to issue notice
by RPAD. On 24.12.2012 the learned D.R. filed fact sheet and the case was
adjourned to 22.04.2013 but on this date none appeared on behalf of the
assessee. From the circumstances, it is evident that the assessee is not
2 ITA No. 8284 - 8288/Mum/2010
Shri Arun G. Vartak
seriously interested in pursuing the appeal. In the case of M/s. Chemipol vs.
Union of India in Central Excise Appeal No. 62 of 2009 the Hon'ble Bombay
High Court observed that if an assessee does not appear on the date of
hearing it can be assumed that the assessee is not serious in prosecuting
the appeal in which event there is no need for the appellate forum to dispose
of the appeal on merits. Respectfully following the aforementioned
judgement of the Hon'ble Bombay High Court the appeals filed by the
assessee are dismissed for non-appearance on the part of the assessee of its
representative.
Order pronounced in the open court on 22nd April, 2013.
Sd/- Sd/-
(D. Manmohan) (Sanjay Arora)
Vice President Accountant Member
Mumbai, Dated: 22nd April, 2013
Copy to:
1. The Appellant
2. The Respondent
3. The CIT(A) Thane-I
4. The CIT Central, Pune
5. The DR, "A" Bench, ITAT, Mumbai
By Order
//True Copy//
Assistant Registrar
ITAT, Mumbai Benches, Mumbai
n.p.
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