ITAT may dismiss appeal for want of prosecution

These appeals were originally posted for hearing on 09.11.2011 (vide AD card) and at the request of the assessee it was adjourned from time to time and finally posted for hearing on 04.04.2012 on which date none appeared on behalf of the assessee. Though the assessee has raised several grounds no material, whatsoever, was filed to contradict the findings of the learned CIT(A). Under these circumstances, applying the decision of the Hon’ble Bombay High Court in the case of M/s. Chemipol vs. Union of India in Central Excise Appeal No. 62 of 2009 we dismiss the appeals filed by the assessee for want of prosecution. Assessee is at liberty to move appropriate application for recall of the order, if permissible under the law.

INCOME TAX APPELLATE TRIBUNAL, MUMBAI

ITA No. 5750 & 5751/Mum/2010

(Assessment Years: 2003-04 & 2004-05)

M/s. Blue Star Infotech Ltd.  Vs.  ACIT

Date of Pronouncement: 04.04.2012

 O R D E R

Per Rajendra, A.M.

These two appeals are filed at the instance of the assessee company and these pertain to assessment years 2003-04 & 2004-05

2. These appeals were originally posted for hearing on 09.11.2011 (vide AD card) and at the request of the assessee it was adjourned from time to time and finally posted for hearing on 04.04.2012 on which date none appeared on behalf of the assessee. Though the assessee has raised several grounds no material, whatsoever, was filed to contradict the findings of the learned CIT(A). Under these circumstances, applying the decision of the Hon’ble Bombay High Court in the case of M/s. Chemipol vs. Union of India in Central Excise Appeal No. 62 of 2009 we dismiss the appeals filed by the assessee for want of prosecution. Assessee is at liberty to move appropriate application for recall of the order, if permissible under the law.

3. In the result, appeals filed by the assessee are dismissed.

Order pronounced in the open court on 4th April 2012.