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Home > Judiciary > Taxation > For the want of prosecution appeal can be dismissed but assessee is at liverty to recall of the order only if permissible under the law



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For the want of prosecution appeal can be dismissed but assessee is at liverty to recall of the order only if permissible under the law

Posted on 19 April 2012 by Diganta Paul

Court

Income Tax Appeallate Tribunal



Brief

These appeals were originally posted for hearing on 09.11.2011 (vide AD card) and at the request of the assessee it was adjourned from time to time and finally posted for hearing on 04.04.2012 on which date none appeared on behalf of the assessee. Though the assessee has raised several grounds no material, whatsoever, was filed to contradict the findings of the learned CIT(A). Under these circumstances, applying the decision of the Hon'ble Bombay High Court in the case of M/s. Chemipol vs. Union of India in Central Excise Appeal No. 62 of 2009 we dismiss the appeals filed by the assessee for want of prosecution. Assessee is at liberty to move appropriate application for recall of the order, if permissible under the law



Citation

M/s. Blue Star Infotech Ltd. A C I T - 6(1) 4th Floor, Band Box House Mumbai Dr. Annie Besant Road, Worli Appellant Vs. Mumbai 400030 PAN - AAACB 6385 J Respondent



Judgement

 

IN THE INCOME TAX APPELLATE TRIBUNAL

"B" Bench, Mumbai

 

Before Shri D. Manmohan, Vice President and Shri Rajendra, Accountant Member

 

ITA No. 5750 & 5751/Mum/2010

(Assessment Years: 2003-04 & 2004-05)

 

M/s. Blue Star Infotech Ltd. A C I T - 6(1)

4th Floor, Band Box House Mumbai

Dr. Annie Besant Road, Worli

Appellant

 

Vs.

 

Mumbai 400030

PAN - AAACB 6385 J

Respondent

 

Appellant by: None

Respondent by: Shri P.C. Maurya

 

Date of Hearing: 04.042012

Date of Pronouncement: 04.04.2012

 

O R D E R

Per Rajendra, A.M.

 

These two appeals are filed at the instance of the assessee company and these pertain to assessment years 2003-04 & 2004-05

 

2. These appeals were originally posted for hearing on 09.11.2011 (vide AD card) and at the request of the assessee it was adjourned from time to time and finally posted for hearing on 04.04.2012 on which date none appeared on behalf of the assessee. Though the assessee has raised several grounds no material, whatsoever, was filed to contradict the findings of the learned CIT(A). Under these circumstances, applying the decision of the Hon'ble Bombay High Court in the case of M/s. Chemipol vs. Union of India in Central Excise Appeal No. 62 of 2009 we dismiss the appeals filed by the assessee for want of prosecution. Assessee is at liberty to move appropriate application for recall of the order, if permissible under the law.

 

3. In the result, appeals filed by the assessee are dismissed.

 

Order pronounced in the open court on 4th April 2012.

 

 

 

                                               Sd/-                              Sd/-

                                     (D. Manmohan)                (Rajendra)

                                      Vice President            Accountant Member

 

Mumbai, Dated: 4th April 2012

 

Copy to:

 

1. The Appellant

2. The Respondent

3. The CIT(A) – XIV, Mumbai

4. The CIT– VI, Mumbai City

5. The DR, “B“ Bench, ITAT, Mumbai

 

//True Copy//

 

 

By Order

 

Assistant Registrar

ITAT, Mumbai Benches, Mumbai

n.p.





Tags :-    want   prosecution   appeal   dismissed   assessee   liverty   recall   order   permissible   law      




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