TOWER CAPITAL & SECURITIES P. LTD, MUMBAI V. ITO CIR 4(2)(2), MUMBAI

ITA 956/MUM/2011

• Counselvise Citation: [2013] 140 COUNSELVISE.COM (IT) 71088 (ITAT-MUMBAI)
• Duration Of Justice: 2 year(s) 7 month(s) 20 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 23-09-2013
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: H
• Next Hearing Date: 23-09-2013
• Assessment Year: 2007-2008
• Appeal Filed On: 02-02-2011
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: PITAMBAR DAS

Judgement Text

, ,P ,P,P ,P INCOME TAX APPELLATE TRIBUNAL,MUMBAI - H BENCH. . , ! ! ! ! '#$% '#$% '#$% '#$% , # # # # &' &' &' &' BEFORE S/SH.D.MANMOHAN,VICE-PRESIDENT & RAJENDRA,AC COUNTANT MEMBER /. ITA NO.956/MUM/2011 , ( (( ( / ASSESSMENT YEAR-2007-08 TOWER CAPITAL & SECURITIES P. LTD., ABAN HOUSE, 2 ND FLOOR, 25/31 ROPEWALK LANE, OFF. K.DUBHASH MARG, FORT MUMBAI- 400023 VS. ITO CIR 4(2)(2) AAYAKAR BHAVAN, M.K.ROAD, MUMBAI- 400023 PAN:AAACT2154M ( )* / APPELLANT) ( +,)* / RESPONDENT) )* )* )* )* - - - - # ## # / APPELLANT BY : NONE +,)* . - # / RESPONDENT BY : SHRI PITAMBAR DAS . .. . / / / / / DATE OF HEARING : 23-09-2013 0( . / / DATE OF PRONOUNCEMENT : 23-09-2013
/ O R D E R PER RAJENDRA, AM ASSESSEE-COMPANY HAD FILED TWO GROUNDS OF APPE AL AGAINST THE ORDER DATED 01.12.2010 OF THE CIT(A)-8, MUMBAI FOR AY- 2007-08. 2. ASSESSEE WAS INFORMED THAT MATTER WILL BE HEARD ON 23-09-2013. BUT, NO ONE APPEARED ON BEHALF OF ASSESSEE, NOR THERE WAS ANY APPLICATION FOR ADJO URNMENT. IN VIEW OF ABOVE, IT APPEARS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THIS APPE AL. HENCE THIS APPEAL OF THE ASSESSEE IS LIABLE T O BE DISMISSED FOR NON- PROSECUTION. 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. 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). 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 DISMISSED. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISSED FOR NON- PROSECUTION. 4 /5 4/ 6 &7 . 8 4' . '/ 9. 2 ITA NO.756/MUM/2011 TOWER CAPITAL & SECURITIES P. L TD. ORDER PRONOUNCED IN THE OPEN COURT ON 23 RD SEPTEMBER, 2013.
. 0( # $ ; <& 23 FLRACJ , 2013 . 8 = SD/- SD/- ( . , / D.MANMOHAN ) ( '#$% / RAJENDRA ) /VICE PRESIDENT # &' /ACCOUNTANT MEMBER MUMBAI, <& DATE: 23 RD SEPTEMBER, 2013 SK



. .. . +/> +/> +/> +/> ?#>(/ ?#>(/ ?#>(/ ?#>(/ / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR H BENCH, ITAT, MUMBAI 6. GUARD FILE ,>/ +/ //TRUE COPY//



/ BY ORDER, / ' ' ' ' DY./ASSTT. REGISTRAR , / ITAT, MUMBAI