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Mr.Shanti Sarup Reniwal, 302 Sylverton Building, 102, Wode House road, Colaba, Mumbai-400005 Vs. Asstt. Commissioner of Income Tax-CC-38, Aayakar Bhavan, M K Road, Mumbai-400020
August, 27th 2015
                 ,  ," " 
     IN THE INCOME TAX APPELLATE TRIBUNAL "E" BENCH, MUMBAI

        BEFORE S/SHRI B.R.BASKARAN,AM AND AMARJIT SINGH, JM

                  ./I.T.A. No.4715/Mum/2012
                (   / Assessment Year: 2009-10)

 Mr.Shanti Sarup Reniwal,        / Asstt. Commissioner of Income
 302 Sylverton Building,         Vs.
                                     Tax-CC-38,
 102, Wode House road,               Aayakar Bhavan,
 Colaba,                             M K Road,
 Mumbai-400005                       Mumbai-400020

       ( /Appellant)             ..     ( / Respondent)


        ./    ./PAN. :ADMPR3332F

            / Appellant by             None
            /Rspondent by              Shri Sujit Bangar


            / Date of Hearing
                                           : 26.8.2015
           /Date of Pronouncement: 26.8.2015

                               / O R D E R

Per B.R.BASKARAN:


       The assessee has filed this appeal challenging the order dated 30-
04-2012 passed by Ld CIT(A)-41, Mumbai and it relates to the assessment
year 2009-10.


2.     The assessee has filed this appeal way back in July, 2012.    The
notice of hearing sent to the assessee to the address given in Form No.36
has been returned back un-served by the postal department.    Further we
notice that the appeal is barred by limitation by six days. The assessee
has moved a petition requesting the bench to condone the delay, wherein
                                        2                 I T A N o . 4 7 1 5 / Mu m / 2 0 1 2








Shri Shreyas Vasant Parikh, the Chartered Accountant of the assessee has
filed an appeal by stating that he was suffering from acute colitis from 06-
07-2012 to 14-07-2012, which has resulted in filing appeal belatedly.






3. On perusal of the record, we notice that the order passed by Ld CIT(A)
was served upon the assessee on 11.05.2012 and hence the appeal is
required to be filed before the Tribunal latest by 10th July, 2012.                     We
notice that the Chartered Accountant of the assessee has claimed to be ill
only at the fag end of the limitation period. Hence, we do not find the
reasons furnished by the assessee for the delay to be convincing.
Accordingly, we decline to admit the appeal and hence the same is
dismissed in limine.

4.     In the result, the appeal filed by the assessee is dismissed.

        Pronounced accordingly on 26th August 2015.
                                     26th August, 2015    

            Sd                                               sd
      (AMARJIT SINGH)                                ( B.R. BASKARAN)
     JUDICIAL MEMBER                                 ACCOUNTANT MEMBER

 Mumbai:         26th Aug, 2015.
.../ SRL , Sr. PS

    /Copy of the Order forwarded to :
1.  / The Appellant
2.     / The Respondent.
3.     () / The CIT(A)- concerned
4.      / CIT concerned
5.     ,   ,  /
      DR, ITAT, Mumbai concerned
6.      / Guard file.

                                                                    / BY ORDER,
                                     True copy
                                                       (Asstt. Registrar)
                                               ,  /ITAT, Mumbai

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