M/s. Supreme Synthetics Mills Pvt. Ltd.,76/78, 1st Floor, Dadyseth Agiary Lane, Kalbadevi Road, Mumbai-400 002 Vs. The ITO, Ward-4(3)(4),
September, 13th 2012
IN THE INCOME TAX APPELLATE TRIBUNAL
MUMBAI BENCH `E' MUMBAI
BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND
SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER
M/s. Supreme Synthetics Mills Pvt. The ITO, Ward-4(3)(4),
76/78, 1st Floor,
Dadyseth Agiary Lane, Vs.
Appellant by: None
Respondent by: Shri Krishnmoorthy
Date of Hearing :11.09.2012
Date of pronouncement:11.9.2012
PER N.K. BILLAIYA, AM:
The assessee has filed this appeal for assessment year 2001-02 against
the order of Ld. CIT(A)-8 dt. 22.2.2011.
2. The notice was given to assessee fixing the date of hearing on
11.09.2012 through notice board. But no one appeared on behalf of the
assessee. Nor there is any application for adjournment. In view of above, it
appears that assessee is not interested in prosecuting this appeal. Hence
this appeal of the assessee is liable to 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:
2 ITA No.3476/M/2011
"The appeal does not mean merely filing of the appeal but effectively
4. In this regard we are also supported by the decision in the case of CIT
Vs. Multiplan India (P) Ltd. 38 ITD 320 (Del).
5. In view of the above and also considering the provisions of Rule 19 of
the Appellate Tribunal Rules, 1963, appeal of the assessee is dismissed.
6. In the result, appeal of the assessee is dismissed for non-prosecution.
Order pronounced in the Open Court at the time of hearing i.e. on 11th
(D.K. AGARWAL) (N.K. BILLAIYA )
Judicial Member Accountant Member
Mumbai, Dated 11th September, 2012
Copy to :
1. The Appellant
2. The Respondent
3. The CIT-concerned
4. The CIT(A)-concerned
5. The DR `E' Bench
Asstt. Registrar, I.T.A.T, Mumbai