JOTUN INDIA P. LTD, MUMBAI V. ITO (IT)- TDS-3, MUMBAI

ITA 6850/MUM/2010

• Counselvise Citation: 685019914 RSA 2010
• Duration Of Justice: 1 year(s) 6 month(s) 10 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-04-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: L
• Next Hearing Date: 09-12-2015
• Assessment Year: misc
• Appeal Filed On: 01-10-2010
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PARTHA SARATHI NAIK

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES I, MUMBAI BEFORE SHRI RAJENDRA SINGH, A.M. AND SHRI VIVEK V ARMA, J.M. ITA NO. : 6850/MUM/2010 ASSESSMENT YEAR : 2006-07 JOTUN INDIA PRIVATE LIMITED 204, ASCOT CENTER SAHAR ROAD ANDHERI (E) MUMBAI-400 099. PAN NO: AABCJ 6665 J INCOME TAX OFFICER(INTL. TAXATION)-TDS-3 1 ST FLOOR, SCINDIA HOUSE BALLARD PIER, N.M. ROAD MUMBAI-400 038. (APPELLANT) VS. (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI PARTHASARATHI NAIK DATE OF HEARING : 11.4.2012 DATE OF PRONOUNCEMENT : 11.4.2012 O R D E R PER RAJENDRA SINGH, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 21.7.2010 OF CIT(A) FOR THE ASSESSMENT YEAR 2007-08. TH E ASSESSEE IN THIS APPEAL HAS RAISED DISPUTES ON SEVERAL GROUNDS. HOWEVE R, NO ONE APPEARED TO REPRESENT THE CASE WHEN THE APPEAL CAME UP FOR HEARING TODAY (11.4.2012), THOUGH THE NOTICE OF HEARING HAD BEEN SERVED WELL IN ADVANCE. NEITHER SOMEONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION HAS BEEN RECEIVED.IT CAN, THEREFORE, BE ITA NO. 6850/M/10 A.Y.07-08 2 REASONABLY CONCLUDED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. THE APPEAL DOES NOT MEAN ONLY FILING OF MEMORANDUM OF APPEAL BUT ALSO PURSUING IT EFFECTIVELY AS HELD BY HON'BLE SUPREME COURT IN CASE OF B.N. BHATACHARJEE AND ANR. (118 ITR 461) (AT PAGES 477/478). IN SUCH CASES WHERE AN APPELLA NT IS NOT INTERESTED IN PROSECUTION OF APPEAL COURT/TRIBUNAL H AVE INHERENT POWER TO DISMISS THE PROCEEDINGS FOR NON-PROSECUTION AS HEL D BY HONBLE HIGH COURT OF MUMBAI IN CASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEAL NO.62/2009. ON THE FACTS OF T HIS CASE WE ARE CONVINCED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING TH E APPEAL. WE, THEREFORE, DISMISS THE APPEAL OF THE ASSESSEE AS UNADM ITTED. 2. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11.4.2012. SD/- SD/- ( VIVEK VARMA ) JUDICIAL MEMBER (RAJENDRA SINGH) ACCOUNTANT MEMBER MUMBAI, DATED: 11.4.2012. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.