AMBIT INVESTMENT ADVISORY CO. LTD, MUMBAI V. ACIT 8(1), MUMBAI

ITA 1197/MUM/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 70853 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 6 month(s) 23 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Assessment Year: 2006-2007
• Appeal Filed On: 09-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: O P SINGH

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL I BENCH, MUMBAI ! ! ! ! !'##%&' ( ) ) ) ) BEFORE SHRI VIJAY PAL RAO, JM AND SHRI N.K.BILLAIYA , AM ./ I.T.A. NO. 1197 /MUM/2011 ( ' * ' * ' * ' * +* +* +* +* / ASSESSMENT YEAR : 2006-07) AMBIT INVESTMENT ADVISORY CO. LTD., FCH HOUSE, PENINSULA CORPORATE PARK, GANPATRAO KADAM MARG, LOWER PAREL, MUMBAI-400013 ' ' ' ' / VS. ASST. COMMISSIONER OF INCOME-TAX, 8(1), MUMBAI, , ( ./ PAN : AAFCA5692N ( ,- / APPELLANT ) .. ( ./,- / RESPONDENT ) ,- 0 1 / APPELLANT BY : NONE ./,- 0 1 / RESPONDENT BY : SHRI O.P.SINGH ' 0 2( / DATE OF HEARING : 02-09-2013 34+ 0 2( / DATE OF PRONOUNCEMENT : 02-09-2013 5 / O R D E R PER N.K. BILLAIYA, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 29.11.2010 OF CIT (A)-16, MUMBAI FOR THE ASSESSMENT YEARS 2006-07. THE ASSESSEE HAS RAISED DISPUTES ON SEVERAL GROUNDS . HOWEVER NO ONE APPEARED TO REPRESENT THE CASE WHEN THE APPEAL CAME UP FOR HEARING TODAY ON 02.09.2013. 2 ITA NO.1197/MUM/2011 AMBIT INVESTMENT ADVISORY CO. LTD. 2. IN THE CIRCUMSTANCES MENTIONED ABOVE IT BE CAN REAS ONABLY BE CONCLUDED THAT THE ASSESSEE IS NOT INTERESTED IN PU RSUING THE APPEAL. THE APPEAL DOES NOT MEAN ONLY FILING OF MEMORANDUM OF A PPEAL BUT ALSO PURSUING IT EFFECTIVELY AS HELD BY HONBLE SUPREME COURT IN CASE OF B.N. BHATACHARJEE AND ANR. (118 ITR 461) (AT PAGES 477/4 78). IN SUCH CASES WHERE AN APPELLANT IS NOT INTERESTED IN PROSECUTION OF APPEAL COURT/TRIBUNAL HAVE INHERENT POWER TO DISMISS THE P ROCEEDINGS FOR NON PROSECUTION AS HELD BY HONBLE HIGH COURT OF MUMBAI IN CASE M/S. CHEMIPOL VS UNION OF INDIA IN EXCISE APPEAL NO. 62/ 2009. ON THE FACTS OF THIS CASE WE ARE CONVINCED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL. WE, THEREFORE, DISMISS THE APPEAL OF TH E ASSESSEE AS UNADMITTED. 3. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 02/ 09/2013 5 0 34+ ( 6' 02/09/2013 , 4 0 7 SD/- (SRI VIJAY PAL RAO) SD/- (SRI N.K.BILLAIYA) / JUDICIAL MEMBER ( / ACCOUNTANT MEMBER MUMBAI; 6' /DATED : 02 ND SEPTEMBER, 2013. SHEKHAR 5 5 5 5 0 00 0 .28 .28 .28 .28 9+2 9+2 9+2 9+2 / COPY OF THE ORDER FORWARDED TO : 1. ,- / THE APPELLANT 2. ./,- / THE RESPONDENT. 3. : ( ) / THE CIT- , MUMBAI. 4. : / CIT(A)- , MUMBAI 3 ITA NO.1197/MUM/2011 AMBIT INVESTMENT ADVISORY CO. LTD. 5. ; 7 .2' , , / DR, ITAT, MUMBAI 6. 7<* = / GUARD FILE. 5' 5' 5' 5' / BY ORDER, /2 .2 //TRUE COPY// > >> > / ? ? ? ? (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI