Case Law Details
Classic Shares & Stock Brooking Services Limited Vs. ACIT (ITAT Mumbai)- This appeal was fixed for hearing on 16.01.2012. However, despite notice, none appeared on behalf of the assessee nor has it moved any application for adjournment. It is, therefore, presumed that the assessee is not interested in prosecuting its appeal. Accordingly, by applying the ratio laid down by the ITAT Delhi Bench in the case of CIT Vs. Multiplan India (P.) Ltd. [(1991) 38 ITD 320], we dismiss this appeal filed by the Appellant- assessee as not maintainable.
INCOME TAX APPELLATE TRIBUNAL, MUMBAI
ITA No. 6876/Mum/2008: Asst. Year- 2005- 2006
M/s. Classic Shares & Stock Brooking Services Limited
Vs.
The Asst. Commissioner of Income-tax
Date of Pronouncement: 18.01.2012
ORDER
Per R.S.Syal, AM:
This appeal by assessee is directed against the order passed by the Commissioner of Income-tax (Appeals) on 11.09.2008 in relation to the assessment year 2005- 2006.
2. This appeal was fixed for hearing on 16.01.2012. However, despite notice, none appeared on behalf of the assessee nor has it moved any application for adjournment. It is, therefore, presumed that the assessee is not interested in prosecuting its appeal. Accordingly, by applying the ratio laid down by the ITAT Delhi Bench in the case of CIT Vs. Multi plan India (P.) Ltd. [(1991) 38 ITD 320], we dismiss this appeal filed by the Appellant- assessee as not maintainable.
3. In the result, the appeal is dismissed.
Order pronounced on this 18th day of January, 2012.
Multiplan India (P) Ltd (1991) 38 ITD 320 (Delhi) distinguish in, [TS-5032-HC-2020(Delhi)-O] , [TS-5944-HC-2012(Gujarat)-O] on, Rule 24 of the ITAT Rules mandates ITAT cannot dismiss the appeal without adverting to the merits even on non-prosecution by Assessee / Revenue