WEST COAST SAW PIPES LTD, MUMBAI V. DCIT CIR 7(3), MUMBAI

ITA 8561/MUM/2011

• Counselvise Citation: [2012] 119 COUNSELVISE.COM (IT) 9473 (ITAT-MUMBAI)
• Duration Of Justice: 11 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 05-12-2012
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: G
• Assessment Year: 2006-2007
• Appeal Filed On: 19-12-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAJARSHI DIWEDY

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH G , MUMBAI BEFORE SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER AND SHRI AMIT SHUKLA, JUDICIAL MEMBER ITA NO. 8561/MUM/2011 ASSESSMENT YEAR : 2006-07 WEST COAST SAW PIPES LTD. 701/702, NIRMAN KENDRA DR. E. MOSES ROAD, MAHALAXMI MUMBAI-400 011. PAN NO.AAACW 0404 B VS. DY. COMMISSIONER OF INCOME TAX CIRCLE-7(3) AAYAKAR BHAVAN MUMBAI-400 020. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI RAJARSHI DIWEDY DATE OF HEARING : 5.12.2012 DATE OF PRONOUNCEMENT : 5.12.2012. O R D E R PER RAJENDRA SINGH, AM: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER D ATED 14.9.2011 OF CIT(A) FOR THE ASSESSMENT YEAR 2006-07. T HE ONLY DISPUTE RAISED IN THIS APPEAL IS REGARDING INCLUSION OF N OTIONAL INTEREST ON FIXED DEPOSITS IN THE ANNUAL VALUE OF THE HOUSE PRO PERTY FOR THE PURPOSE OF ASSESSMENT OF HOUSE PROPERTY INCOME. 2. AT THE TIME OF HEARING OF THE APPEAL NO ONE APPE ARED ON BEHALF OF THE ASSESSEE TO REPRESENT THE CASE, THOUGH NOTICE OF HE ARING HAD BEEN GIVEN WELL IN ADVANCE. NEITHER SOMEONE HAS APPEAR ED ON BEHALF ITA NO.8661/M/11 A.Y. 06-07 2 OF THE ASSESSEE NOR HAS ANY ADJOURNMENT APPLICATION BEEN RECEIVED. IT CAN, THEREFORE, REASONABLY BE CONCLUDED THAT THE ASSESSEE I S NOT INTERESTED IN PROSECUTING THE APPEAL. THE APPEAL DOES N OT 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 A ND ANR. (118 ITR 461) (AT PAGES 477/478). IN SUCH CASES WHERE AN APPE LLANT 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 UNADMI TTED. 3. IN THE RESULT, APPEAL OF THE ASSESSEE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 05.12.2012 SD/- SD/- (AMIT SHUKLA ) JUDICIAL MEMBER (RAJENDRA SINGH) ACCOUNTANT MEMBER MUMBAI, DATED: 05.12.2012. JV. ITA NO.8661/M/11 A.Y. 06-07 3 COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR G BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.