The Congolese club were thrown out of the competition by the Confederation of African Football earlier this month for using an ineligible player.
The reigning African champions eliminated Simba in the second round but the Tanzanian club complained about Janvier Besala Bokungu's eligibility.
They argued that he was still registered with Tunisia's Esperance.
Caf concurred and booted TP Mazembe out of this year's tournament.
The club president Moise Katumbi then told the BBC that the three-time African champions had done nothing wrong and would appeal.
But the deadline for any appeal has passed without a word from TP Mazembe, according to Caf's Director of Communications, Suleiman Habuba.
However, TP Mazembe's official website is claiming that the club will take the matter to the Court of Arbitration for Sport.
"We have hired two major law firms in Switzerland and France so that justice is done," said a statement on tpmazembe.com
It went on: "The truth being stubborn, we'll all means [sic] at their disposal to prove they eyes [sic] of the world's injustice to Mazembe..."
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