M/S. CLASSIC SHARES & STOCK BROKING SERVICES LTD, MUMBAI V. THE ACIT CEN CIR-40, MUMBAI

ITA 6876/MUM/2008

• Counselvise Citation: [2013] 120 COUNSELVISE.COM (IT) 4165 (ITAT-MUMBAI)
• Duration Of Justice: 4 year(s) 7 month(s) 13 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 15-07-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: C
• Next Hearing Date: 26-04-2017
• Assessment Year: 2005-2006
• Appeal Filed On: 02-12-2008
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: DR P DANIAL

Judgement Text

, IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C MUMBAI . . , BEFORE SHRI B.R. MITTAL, JUDICIAL MEMBER AND , SHRI RAJENDRA, ACCOUNTANT MEMBER I.TA. NO.6876 /MUM/2008 ASSESSMENT YEAR 2005-06 CLASSIC SHARES & STOCK BROKING SERVICES LTD. RADHA BHAVAN, 1 ST FLOOR, 121, NAGINDAS MASTER ROAD, MUMBAI 400 023. PAN: AABCS4255R VS. ACIT CEN CIR-40 AAYAKAR BHAVAN, M.K. MARG, MUMBAI-400020 ( ! / APPELLANT ) ( '# ! / RESPONDENT ) ! $ / APPELLANT BY : NONE '# ! % $ /RESPONDENT BY : SHRI DR. P. DANIAL. & % '( / DATE OF HEARING : 15 -07-2013 )*+ % '( / DATE OF PRONOUNCEMENT : 15 -07-2013 , / O R D E R PER RAJENDRA, AM THE FOLLOWING ARE THE GROUNDS OF APPEAL FILED BY TH E APPELLANT AGAINST THE ORDER DT. 11-09-2008 OF THE CIT(A)C-VII, MUMBAI: ON THE FACTS AND IN THE CIRCUMSTANCES OF THE CASE , THE COMMISSIONER OF INCOME-TAX (APPEALS)9, MUMBAI [HEREINAFTER REFERRED TO AS LEA RNED CIT(A)]HAS ERRED IN LAW AND IN 2. ASSESSEE WAS INFORMED THAT MATTER WILL BE HEARD ON 15-07-2013. BUT, NO ONE APPEARED ON BEHALF OF ASSESSEE. NOR THERE IS ANY APPLICATI ON FOR ADJOURNMENT. IN VIEW OF ABOVE, IT APPEARS THAT ASSESSEE IS NOT INTERESTED IN PROSECUT ING THIS APPEAL. HENCE THIS APPEAL OF THE ASSESSEE IS LIABLE TO BE DISMISSED FOR NON- PRO SECUTION. IN THIS REGARD, WE ARE SUPPORTED BY THE DECISION IN THE CASE OF CIT VS. B. N. BHATTACHARGEE AND ANOTHER, REPORTED IN 118 ITR 460 (RELEVANT PAGES 477 & 478) WHEREIN THEIR LORDSHIPS HAVE HELD THAT: THE APPEAL DOES NOT MEAN MERELY FILING OF THE AP PEAL BUT EFFECTIVELY PURSUING IT. I.TA. NO. 6876/MUM/2008 CLASSIC SHARES & STOCK BROKING SERVICE S LTD. 2 3. IN THIS REGARD WE ARE ALSO SUPPORTED BY THE DECISI ON IN THE CASE OF CIT VS MULTIPLAN INDIA (P) LTD., 38 ITD 320 (DEL). IT(SS)A NO. 01/ MUM/2008 SUNNY SOUNDS P. LTD., 4. IN VIEW OF THE ABOVE, AND ALSO CONSIDERING THE PRO VISION OF RULE 19 OF THE APPELLATE TRIBUNAL RULES, 1963, APPEAL OF THE ASSESSEE IS DIS MISSED. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED FOR NON- PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 1 5 TH JULY, 2013. SD/- SD/- ( . . , / B.R. MITTAL ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI, .& DATE: 15 TH JULY, 2013 SK , % ''/ 0/+' , % ''/ 0/+' , % ''/ 0/+' , % ''/ 0/+' / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR C BENCH, ITAT, MUMBAI 6. GUARD FILE #/' '' //TRUE COPY// ,& ,& ,& ,& / BY ORDER, 1 11 1 / 2 2 2 2 DY./ASSTT. REGISTRAR , / ITAT, MUMBAI