Absence of prosecution may without reasonable cause deserve the appeal to be dismissed

Last updated: 01 October 2012

Court :
INCOME TAX APPELLATE TRIBUNAL

Brief :
Assessee was informed that matter will be heard on 17.09.2012. But, no one appeared on behalf of assessee. Nor there is any application for adjournment. In view of above, it appears that assessee is not interested in prosecuting this appeal. Hence this appeal of the assessee is liable to be dismissed for non- prosecution. In this regard, we are supported by the decision in the case of CIT Vs. B.N. Bhattachargee and another, reported in 118 ITR 460 (relevant pages 477 & 478) wherein their Lordships have held that: “The appeal does not mean merely filing of the appeal but effectively pursuing it”.

Citation :
M/s. Manraj Leasing Pvt. Ltd. 507, Anant Deep Chambers, 273/277, Narsi Natha Street,Masjid Bunder, Mumbai-400 009 PAN NO: AAACN 1733 A (Appellant) Vs. Income Tax Officer – 6(3)(3),Aayakar Bhavan, M.K. Road, Mumbai-400 020 (Respondent)