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From the Courts »
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M/s Castrol India Limited,Technopolis Knowledge Park,Mahakali Caves Road,Chakala, Andheri (East)Mumbai 400093. Vs. Dy. Commissioner of Income Tax, Range 8(3),Aayakar Bhavan,M.K. Road,Mumbai 400 020.
June, 14th 2012
                MUMBAI BENCHES " C ", MUMBAI

                 AND SHRI RAJENDRA, A.M.

                     ITA No. : 8191/Mum/2010
                     Assessment Year : 2005-06

M/s Castrol India Limited,                     Dy. Commissioner of Income
Technopolis Knowledge Park,                    Tax, Range 8(3),
Mahakali Caves Road,                           Aayakar Bhavan,
Chakala, Andheri (East)              Vs.       M.K. Road,
Mumbai ­ 400093.                               Mumbai ­ 400 020.
          (Appellant)                                  (Respondent)

                     Appellant by          :    None
                   Respondent by           :    Shri D.S. Sunder Singh

                   Date of hearing         :    12-6-2012
           Date of Pronouncement           :    12-6-2012



     This appeal preferred by the assessee is directed against the

order dated 27-09-2010 passed by the ld. CIT(A)- 15, Mumbai for the

assessment year 2005-06.

2.   In this case, the notice of date of hearing fixing the appeal for

12-6-2012 sent to the assessee by RPAD was duly received by the

assessee as per AD Card available on record. However, at the time of

hearing, none was present on behalf of the assessee nor filed any
                                                 ITA No : 8191/Mum/2010

application for adjournment of the case. It appears that the assessee is

not interested in pursuing the appeal. It has been held by the Hon'ble

Supreme Court in the case of B.N. Bhattachargee and Anr. (118 ITR

461) (at pages 477/478) that appeal does not mean only filing of memo

of appeal but also pursuing it effectively. In cases where the assessee

does not want to pursue the appeal, Court/Tribunal have inherent

power to dismiss the appeal for non-prosecution as held by the Hon'ble

Bombay High Court in the case of M/s. Chemipol vs. Union of India in

Excise Appeal No. 62 of 2009. We are convinced that the assessee is

not interested in prosecuting the appeal. We, therefore, dismiss the

appeal of the assessee as unadmitted.

3.    The assessee shall, however, be at liberty to approach the

Tribunal for recalling of this order, if prevented by sufficient cause for

non-appearance on the date of hearing.

4.    In the result, the assessee's appeal stands dismissed.

      Order pronounced in the open court on 12th day of June, 2012.

                Sd/-                                  Sd/-

         ( RAJENDRA )                    ( DINESH KUMAR AGARWAL )
     ACCOUNTANT MEMBER                        JUDICIAL MEMBER

Mumbai, Dt: 12.06.2012.
                                              ITA No : 8191/Mum/2010

Copy   forwarded to :
  1.    The Appellant,
  2.    The Respondent,
  3.    The C.I.T.
  4.    CIT (A)
  5.    The DR,     - Bench, ITAT, Mumbai

                  //True Copy//
                                                 BY ORDER

                                          ASSISTANT REGISTRAR
                                      ITAT, Mumbai Benches, Mumbai
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