AMBITIOUS PLASTOMAC CO. LTD., MUMBAI v. D.C.I.T. C.C.39, MUMBAI

ITA 2756/MUM/2011 | 2007-2008
Pronouncement Date: 28-10-2013 | Result: Dismissed

Appeal Details

RSA Number 275619914 RSA 2011
Assessee PAN AAACF3237A
Bench Mumbai
Appeal Number ITA 2756/MUM/2011
Duration Of Justice 2 year(s) 6 month(s) 19 day(s)
Appellant AMBITIOUS PLASTOMAC CO. LTD., MUMBAI
Respondent D.C.I.T. C.C.39, MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 28-10-2013
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted A
Tribunal Order Date 28-10-2013
Date Of Final Hearing 28-10-2013
Next Hearing Date 28-10-2013
Assessment Year 2007-2008
Appeal Filed On 08-04-2011
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES A MUMBAI . . BEFORE SHRI B.R. MITTAL JUDICIAL MEMBER AND SHRI RAJENDRA ACCOUNTANT MEMBER I.TA. NO.2756 /MUM/2011 ASSESSMENT YEAR 2007-08 AMBITIOUS PLASTOMAC CO. LTD. 119-120 YASHWANT SHIPPING CO. LTD. ROAD NO. 7 BORIVALI (E) PAN: AAACF3237A VS. D.C.I.T CENTRAL CIRCLE - 39 MUMBAI. ( ! / APPELLANT ) ( '# ! / RESPONDENT ) ! $ / APPELLANT BY : NONE '# ! % $ /RESPONDENT BY : SHRI JAVED AKHTAR & % '( / DATE OF HEARING : 28 -10-2013 )*+ % '( / DATE OF PRONOUNCEMENT : 28 -10-2013 / O R D E R PER RAJENDRA AM ASSESSEE HAD FILED ONLY ONE GROUND OF APPEAL AGAINS T THE ORDER DATED 04-02-2011 OF THE CIT(A)-41 MUMBAI. 2. ASSESSEE WAS INFORMED THAT MATTER WOULD BE HEARD ON 28-10-2013.DURING THE COURSE OF HEARING NOBODY APPEARED BEFORE US NOR WAS ANY APPLI CATION FOR ADJOURNING THE CASE WAS FILED BY THE ASSESSEE.IN VIEW OF ABOVE IT APPEARS THAT A SSESSEE 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 CAS E OF CIT VS. B.N. BHATTACHARGEE AND ANOTHER REPORTED IN 118 ITR 460 (RELEVANT PAGES 4 77 & 478) WHEREIN THEIR LORDSHIPS HAVE HELD THAT: THE APPEAL DOES NOT MEAN MERELY FILING OF THE AP PEAL BUT EFFECTIVELY PURSUING IT. IN THIS REGARD WE ARE ALSO SUPPORTED BY THE DECISIO N IN THE CASE OF CIT VS MULTIPLAN INDIA (P) LTD. 38 ITD 320 (DEL) AND FURTHER THE DECISION OF THE HONBLE BOMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION O F INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009.IN VIEW OF THE ABOVE AND ALSO CONSIDERING THE PROVISION OF RULE 19 OF THE APPELLATE TRIBUNAL RULES 1963 APPEAL OF THE ASSESSEE IS DIS MISSED. IN THE RESULT APPEAL OF THE ASSE SSEE IS DISMISSED FOR NON- PROSECUTION. I.TA. NO. 2756/MUM/2011 AMBITIOUS PLASTOMAC CO. LTD. 2 - . & -' / 0 % 1 & 2 % ' 34 . ORDER PRONOUNCED IN THE OP EN COURT ON 28 TH OCTOBER 2013. % )*+ 5 VDVW VDVW VDVW VDVW 28 2013 * % 1. SD/- SD/- ( . . / B.R. MITTAL ) ( / RAJENDRA ) / JUDICIAL MEMBER / ACCOUNTANT MEMBER MUMBAI 9& DATE: 28 TH OCTOBER 2013 SK % '': ;:+' % '': ;:+' % '': ;:+' % '': ;:+' / COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. THE CONCERNED CIT (A) 4. THE CONCERNED CIT 5. DR A BENCH ITAT MUMBAI 6. GUARD FILE #:' '' //TRUE COPY// & & & & / BY ORDER < << < / 3 3 3 3 DY./ASSTT. REGISTRAR / ITAT MUMBAI