KHOSLA PROFIL P. LTD, MUMBAI V. ACIT 10(1), MUMBAI

ITA 5754/MUM/2010

• Counselvise Citation: [2011] 140 COUNSELVISE.COM (IT) 56133 (ITAT-MUMBAI)
• Duration Of Justice: 1 year(s) 5 month(s) 7 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 22-12-2011
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: A
• Next Hearing Date: 04-09-2013
• Assessment Year: 2006-2007
• Appeal Filed On: 15-07-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: P K B MENON

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: MUMBAI BEFORE SHRI P.M. JAGTAP, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER ITA NO.5754/MUM/2010 (ASSESSMENT YEAR: 2006-07) M/S. KHOSLA PROFIL PVT. LTD., 2-B, LAXMI TOWERS, 8 TH FLOOR, B WING, BANDRA KURLA COMPLEX, BANDRA (EAST), MUMBAI -400 051 ...... APPELLANT VS ASSISTANT COMMISSIONER OF INCOME-TAX -10(1), 455, AAYAKAR BHAVAN, MAHARSHI KARVE ROAD, MUMBAI -400 020 ..... RESPONDENT PAN: AAACK 1791 K APPELLANT BY: NONE RESPONDENT BY: SHRI P.K.B. MENON DATE OF HEARING: 22.12.2011 DATE OF PRONOUNCEMENT: 22.12.2011 O R D E R PER R.S. PADVEKAR , JM : THIS APPEAL IS FILED BY THE ASSESSEE CHALLENGING TH E IMPUGNED ORDER OF THE LD. CIT (A)-21, MUMBAI DATED 29.04.201 0 FOR THE A.Y. 2006-07. 2. THIS APPEAL WAS POSTED FOR THE HEARING ON 22.12. 2011. THE LD. D.R. FOR THE REVENUE SHRI P.K.B. MENON WAS PRESENT. NONE WAS PRESENT FOR THE ASSESSEE. AS PER THE RECORD, ON TH E LAST TWO DATES OF HEARING I.E. ON 17.10.2011 AND 20.10.2011 THIS APPE AL WAS ADJOURNED AT THE REQUEST OF THE ASSESSEES COUNSEL. TODAY, E VEN NO APPLICATION FOR ADJOURNMENT IS MOVED. WE ARE, THEREFORE, OF TH E OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEA L. ITA 5754/M/2010 M/S. KHOSLA PROFIL PVT. LTD. 2 3. IN THE CASE OF CIT VS. B. N. BHATTACHARGEE & ANO THER, (1979) 118 ITR 461 THE HONBLE SUPREME COURT HELD THAT THE APPEAL DOES NOT MEAN MERELY FILING OF THE MEMO OR APPEAL BUT SAME M UST BE EFFECTIVELY PURSUED. A RECORD SHOWS THAT THE ASSESSEE IS NOT I NTERESTED IN PURSUING THE APPEAL. AS THE ASSESSEE IS NOT INTERE STED IN PURSUING THE APPEAL THE SAME IS DISMISSED FOR NON-PROSECUTION. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 2 2 ND DECEMBER, 2011. SD/- SD/- ( P.M. JAGTAP ) ACCOUTANT MEMBER ( R.S. PADVEKAR ) JUDICIAL MEMBER MUMBAI, DATE : 22 ND DECEMBER, 2011 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A)-21, MUMBAI. 4) THE CIT-M.C.-X, MUMBAI. 5) THE D.R. A BENCH, MUMBAI. BY ORDER / / TRUE COPY / / ASSTT. REGISTRAR I.T.A.T., MUMBAI *CHAVAN ITA 5754/M/2010 M/S. KHOSLA PROFIL PVT. LTD. 3 SR.N. EPISODE OF AN ORDER DATE INITIALS CONCERNED 1 DRAFT DICTATED ON 22.12.2011 SR.PS 2 DRAFT PLACED BEFORE AUTHOR 22.12.2011 SR.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