VSS MANI, MUMBAI V. DCIT 9 (2), MUMBAI

ITA 8396/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9436 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 14 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 26-11-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: F
• Assessment Year: 2008-2009
• Appeal Filed On: 12-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Earning of tax free income
• Section: 14A

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH F BENCH BEFORE SHRI RAJENDRA SINGH(ACCOUNTANT MEMBER) AND SHRI VIJAYPAL RAO (JUDICIAL MEMBER) ITA NO.8396/MUM/2011 ASSESSMENT YEAR: 2008-09 VSS MANI, M-501, PALM COURT COMPLEX, LINK ROAD, MALAD(W), MUMBAI-64 PA NO.AFVPM 2219 M DCIT 9(2), AAYAKAR BHAVAN, M.K. ROAD, MUMBAI (APPELLANT) VS. (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SHRI MANOJ KUMAR DATE OF HEARING: 26.11.2012 DATE OF PRONOUNCEMENT: 26. 11.2012 ORDER PER RAJENDRA SINGH,AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST ORDER DATED 13.9.2011 OF LD CIT(A) FOR ASSESSMENT YEAR 2008-09. 2. THE ONLY DISPUTE RAISED BY THE ASSESSEE IN THIS APPEAL IS REGARDING DISALLOWANCE OF EXPENSES RELATING TO EXEMPT INCOME UNDER SECTION 14A OF THE I.T.ACT, 1961. 3. NO ONE APPEARED ON BEHALF OF ASSESSEE WHEN THE A PPEAL CAME UP FOR HEARING TODAY THOUGH THE NOTICE OF HEARING HAD BEEN GIVEN W ELL IN ADVANCE. NEITHER SOME ONE APPEARED NOR EVEN ADJOURNMENT APPLICATION HAS BEEN RECEIVED. IT CAN THEREFORE BE REASONABLY CONCLUDED THAT THE ASSESSEE IS NOT INTER ESTED IN PURSUING 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 THE CASE OF B.N. BHATACHARJEE AND ANR (118 ITR 461). IN SUCH CASES WHERE AN APPELLANT I S NOT INTERESTED IN PROSECUTION OF APPEAL COURT/TRIBUNAL HAVE INHERENT POWER TO DISMIS S THE PROCEEDINGS FOR NON- ITA NO.8396/MUM/2011 ASSESSMENT YEAR: 2008-09 2 PROSECUTION AS HELD 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 THIS CASE, WE ARE CONVINCED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPE AL. WE, THEREFORE, DISMISS THE APPEAL OF THE ASSESSEE AS UN-ADMITTED. 4. IN THE RESULT, APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 26 TH NOVEMBER, 2012 SD/- (VIJAYPAL RAO) JUDICIAL MEMBER SD/- (RAJENDRA SINGH) ACCOUNTANT MEMBER MUMBAI, DATED 26 TH NOVEMBER, 2012 PARIDA COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. COMMISSIONER OF INCOME TAX (APPEALS),20, MUMBAI 4. COMMISSIONER OF INCOME TAX, 9, MUMBAI 5. DEPARTMENTAL REPRESENTATIVE, BENCH F MUMBAI //TRUE COPY// BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI