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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
                        MUMBAI BENCH `E' MUMBAI


                           ITA No.3476/Mum/2011
                           Assessment Year-2001-02

 M/s. Supreme Synthetics Mills Pvt.              The ITO, Ward-4(3)(4),
Ltd.,                                            Mumbai
76/78, 1st Floor,
Dadyseth Agiary Lane,                      Vs.
Kalbadevi Road,
Mumbai-400 002


             (Appellant)                                 (Respondent)

                             Appellant by: None
                            Respondent by: Shri Krishnmoorthy

Date of Hearing :11.09.2012
Date of pronouncement:11.9.2012



      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
      pursuing it."

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
September, 2012.

           Sd/-                                         Sd/-
     (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
True Copy

                                                       By Order

                                           Asstt. Registrar, I.T.A.T, Mumbai
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