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From the Courts »
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M/s Symatic Engineering Pvt.Ltd. A-6, Eden Garden,Panjarapole,Deonar,Mumbai-400088. Vs. Dy.Commissioner of Income Tax Circle 10(2), New Marine Lines Aayakar Bhavan,M.K.Road, Mumbai 400 020.
June, 09th 2012
                       " E " Bench, Mumbai


                        ITA No. 4054/M/2011
                      Assessment Year:2008-09

M/s Symatic Engineering Pvt.Ltd.    Dy.Commissioner of Income Tax
A-6, Eden Garden,                   Circle 10(2),
Panjarapole,                        New Marine Lines
Deonar,                             Aayakar Bhavan,
Mumbai-400088.                      M.K.Road,
                                    Mumbai ­ 400 020.
(Appellant)                         (Respondent)

   Assessee by:                     None
   Revenue by:                      Shri Abhay Kant Nayak

   Date of hearing:                 7.6.2012
   Date of pronouncement:           7.6.2012



      This appeal by the assessee is directed against the order dated

3.3.2011 of CIT(A) for the assessment year 2008-09. The assessee in

this appeal has raised the issue regarding depreciation on goodwill.

However, none appeared in the present case when the appeal came up

for hearing today (7.6.2012) though the assessee had been given notice

of hearing well in advance through order-sheet noting dated 15.3.2012.

Neither some one appeared on behalf of the assessee nor any

adjournment    application had been received.      It can therefore be

reasonably concluded that the assessee is not interested in pursuing the
                                      2                     ITA No. 4054/M/2011
                                                        Assessment Year:2008-09

appeal. The appeal does not 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 and Anr (118 ITR 461) (at pages 477/478). In

such cases where an appellant is not interested in prosecution of appeal

Court/Tribunal have inherent power to dismiss the proceedings for non

prosecution as held by Hon'ble High Court of Mumbai in case of M/s

Chemipol V/s 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 appeal. We, therefore, dismiss the appeal of the assessee

as unadmited.

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

The order was pronounced in ope n court on 7.6. 2012.

     sd                                                 sd

( VIJAY PAL RAO)                                (R AJENDR A SINGH )
JUDICIAL MEMBER                                 ACCOUNTANT MEMBER

Date : 7th June, 2012.
At :Mumbai


Copy to :
             1.    The Appellant
             2.    The Respondent
             3.    The CIT(A), Mumbai concerned
             4.    The CIT, Mumbai City concerned
             5.    The DR "A" Bench, ITAT, Mumbai

                                                 By Order

                                          Assistant Registrar
                                    ITAT, Mumbai Benches, Mumbai
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