Sajag Securities Pvt.Ltd., v. Addl.IT Range 16, Pune,

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH B PUNE BEFORE SHRI I.C. SUDHIR JUDICIAL MEMBER AND SHRI G.S. PANNU ACCOUNTANT MEMBER I.T.A. NO. 457/PN/2008 : A.Y. 2004-05 SAJAG SECURITIES PVT. LTD. REGENT CHJAMBERS 1 ST FLOOR 33/1 KARVE ROAD PUNE-4. PAN AADCS 9178 B APPELLANT VS. ADDL. CIT RANGE 16 PUNE RESPONDENT APPELLANT BY: NONE RESPONDENT BY: SHRI C.M. NAIK ORDER PER G.S. PANNU AM THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF CIT(A)-II PUNE DATED 16-1-2008 ON THE POIN T OF DISALLOWANCE OF RS. 67 82 000/- ON ACCOUNT OF LOSS UNDER COLLABORATIVE BUSINESS. 2. THIS APPEAL WAS FIXED FOR HEARING ON 03-01-2011 FOR WHICH A NOTICE HAS BEEN ISSUED BY RPAD WELL IN TIME ON 2-12-2010. HOWEVER NONE APPEARED TO DEFEND THE CAS E ON BEHALF OF THE ASSESSEE WHEN THE APPEAL CAME UP FOR HEARING ON 03-01-2011. UNDER THESE CIRCUMSTANCES IT MAY BE REASONABLY CONCLUDED THAT THE ASSESSEE IS NOT INTER ESTED IN PURSUING THIS APPEAL. IN SUCH CASES THE COURTS/TR IBUNAL PAGE 2 OF 2 ITA NO. 1231/PN/2008 KASTURI HOUSING A.Y. 2005-06 HAVE INHERENT POWERS TO DISMISS THE APPEAL FOR NON- PROSECUTION AS HELD BY HONBLE BOMBAY HIGH COURT IN THE CASE OF CHEMIPOL VS. UNION OF INDIA IN EXCISE APPEA L NO. 62 OF 2009. ON THE FACTS OF THE CASE WE ARE CONVI NCED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THIS APP EAL. WE THEREFORE DISMISS THIS APPEAL OF THE ASSESSEE AS UNADMITTED. 3. IN THE RESULT THE APPEAL OF THE ASSESSEE STANDS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT AT THE CONCL USION OF THE HEARING ON 03-01-2011. SD/[ SD/- (I.C. SUDHIR) JUDICIAL MEMBER (G.S. PANNU) ACCOUNTANT MEMBER PUNE DATED THE 3 RD JANUARY 2011 ANKAM COPY OF THE ORDER IS FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT- (A)-II PUNE 4. THE CIT- III PUNE 5. THE D.R B BENCH PUNE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL PUNE