Income Tax Appellate Tribunal - Mumbai
Skypak Finanacial Securities, Mumbai vs Assessee
`IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH 'E' MUMBAI BEFORE SHRI A L GHELOT, AM & SHRI R S PADVKAR, JM ITA No. 1662/Mum/2009 (Asst Year 2006-07) Skypak Financial Securities Senor Estate G/F Parsi Panchyat Andheri (E), Mumbai Vs The Income Tax Officer Ward 8(3)(2), Mumbai (Appellant) (Respondent) PAN AACCS1951D Assessee by: None Revenue by: Shri Kishan Vyas ORDER
PER R S PADVEKAR:
Assessee has filed this appeal challenging the impugned order of the ld CIT(A)-XXIX, Mumbai dated 18.2.2009 for assessment year 2006-07.
2 This appeal was fixed for hearing on 8.4.2010. When the matter was called upon for hearing, none appeared on behalf of the assessee. We also find from record that in earlier occasion also the hearing was adjourned.
2.1 Their Lordships of Supreme Court in the case of CIT vs. B N Bhattachargee & Another, (1979) 118 ITR 461 (SC), at Page 477-78 held that the appeal does not merely mean filing of the memo of appeal but effectively pursuing the same. We are therefore constrained to presume that the assessee is not interested in pursuing the appeal. Accordingly, we dismiss this appeal of the assessee.
3. The assessee shall, however, be at liberty to request for recalling of the order if prevented by sufficient cause from appearance on the date of hearing.
4. In the result, the appeal filed by the assessee is dismissed.
Order pronounced on 16th day of April 2010.
Sd/ Sd/- ( A L GHELOT ) ( R S PADVEKAR ) Accountant Member Judicial Member Place: Mumbai : Dated: 16th April 2010 Raj* Copy forwarded to: 1 Appellant 2 Respondent 3 CIT 4 CIT(A) 5 DR /TRUE COPY/ BY ORDER Dy /AR, ITAT, Mumbai ITA No. 1662/Mum/2009 2