MOHAMMED ANWAR ANSARI, MUMBAI v. ITO WD 18(3)(3), MUMBAI

ITA 90/MUM/2012 | 2006-2007
Pronouncement Date: 25-07-2013 | Result: Dismissed

Appeal Details

RSA Number 9019914 RSA 2012
Assessee PAN ADAPA3187F
Bench Mumbai
Appeal Number ITA 90/MUM/2012
Duration Of Justice 1 year(s) 6 month(s) 19 day(s)
Appellant MOHAMMED ANWAR ANSARI, MUMBAI
Respondent ITO WD 18(3)(3), MUMBAI
Appeal Type Income Tax Appeal
Pronouncement Date 25-07-2013
Appeal Filed By Assessee
Order Result Dismissed
Bench Allotted B
Tribunal Order Date 25-07-2013
Assessment Year 2006-2007
Appeal Filed On 05-01-2012
Judgment Text
IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH MUMBAI BEFORE S/SHRI B.R.MITTAL (JM) AND SANJAY ARORA (AM) . . & ./I.T.A. NO.90/MUM/2012 ( / ASSESSMENT YEAR:2006-07) MR. MOHAMMED ANWAR ANSARI C-106 NEW SOCIAL NAGAR 90 FIT ROAD DHARAVI MUMBAI-400017 / VS. INCOME TAX OFFICER - 18(3)(3) PIRAMAL CHAMBER LALBAUG PAREL MUMBAI ./ ./PAN/GIR NO. : ADAPA3187F ( / APPELLANT) .. ( / RESPONDENT) / APPELLANT BY : NONE /RESPONDENT BY : SHRI O.P.SINGH ' / DATE OF HEARING : 25.7.2013 ' /DATE OF PRONOUNCEMENT : 25.07.2013 / O R D E R PER B.R.MITTAL JM: THE ASSESSEE HAS FILED THIS APPEAL FOR ASSESSMENT Y EAR 2006-07 AGAINST ORDER DATED 12.10.2011 OF LD CIT(A)-XXIX MUMBAI. 2. THE NOTICE OF HEARING BY RPAD WAS SENT TO THE AS SESSEE FIXING THE HEARING ON 25.7.2013. IT IS EVIDENT FROM THE RECORD THAT THE ASSESSEE HAS RECEIVED THE SAID NOTICE AS AD CARD ON RECORD. ON 25.7.2013 AT THE TIME OF HEARING NEITHER ANYBODY APPEARED ON BEHALF OF ASSESSEE NOR THERE IS ANY APPLICATION FOR ADJOURNMENT. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS APPE AL BEFORE THE TRIBUNAL. IN THIS REGARD WE ARE SUPPORTED BY THE DECISION OF HONBLE CALCUTT A HIGH COURT IN THE CASE OF CIT VS. B.N.BHATTARCHARGEE AND ANOTHER 118 ITR 460 WHEREI N THEIR LORDSHIPS HAVE HELD THAT THE APPEAL DOES NOT MEAN MERELY FILING OF THE APPE AL BUT EFFECTIVELY PURSUING IT . WE ARE ALSO SUPPORTED BY THE DECISION OF ITAT DELHI IN THE CASE OF CIT VS. MULTIPLAN INDIA (P)LTD. 38 ITD 320(DEL). I.T.A. NO.90/MUM/2012 2 3. IN VIEW OF ABOVE AND ALSO CONSIDERING THE PROVIS IONS OF RULE 19 OF THE APPELLATE TRIBUNAL RULES 1963 APPEAL OF THE ASSESSEE IS LIA BLE TO BE DISMISSED. 4. IN THE RESULT APPEAL OF THE ASSESSEE IS DISMISS ED FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 25 TH JULY 2013 . ' ) * 25TH JULY 2013 SD SD ( /SANJAY ARORA) ( . . / /B.R.MITTAL) / ACCOUNTANT MEMBER ' / JUDICIAL MEMBER MUMBAI; * DATED 25/ 07/2013 . . ./ PARIDA SR. PS ) *+ + / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. 0 ( ) / THE CIT(A)- 4. 0 / CIT 5. 1 3 ' 3 / DR ITAT MUMBAI 6. / GUARD FILE. TRUE COPY / BY ORDER (ASSTT. REGISTRAR) / ITAT MUMBAI