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Income Tax Appellate Tribunal, “D” BENCH, AHMEDABAD
Before: SHRI WASEEM AHMED&
PER Ms. MADHUMITA ROY - JM:
The instant appeal filed by the assessee is against the order dated 21.02.2017 passed by the Commissioner of Income Tax (Appeals)-10, Ahmedabad under section 143(3) of the Income Tax Act, 1961 (in short ‘the Act’) arising out of the order dated 25.03.2015 passed by the Income Tax Officer, Ward – 1(2)(2), Ahmedabad for the Assessment Year 2012-13.
At the time of hearing none appeared on behalf of the assessee. Notice of hearing was sent to the assessee through RPAD post as per the address given in Column No.10 of Form No.36, but the same was returned by the postal authorities with the remark “Left” which is placed on record. The assessee has also not filed any application for adjournment of the case. Therefore, it is presumed that the assessee is not interested in pursuing with its appeal before the Tribunal, therefore, following order of the ITAT, Delhi
ITA No.1010/Ahd/2017 Shri Hasmukh Prabhulal Mehta vs ITO Asst.Year –2012-13 - 2 -
Bench in the case of CIT Vs. Multiplan India Pvt. Ltd., 38 ITD 320 (Delhi), we dismiss the appeal of the assessee in limine for want of prosecution.
However the assessee is at liberty to file the application for recalling the order in future after explaining the reasons for the non appearance on the date of hearing if he is serious in pursuing the appeal.
In the result, appeal of the assessee is dismissed. This Order pronounced in Open Court on 08/05/2019
Sd/- Sd/- ( WASEEM AHMED ) ( Ms. MADHUMITA ROY ) ACCOUNTANT MEMBER JUDICIAL MEMBER
Ahmedabad; Dated 08/05/2019 Priti Yadav, Sr.PS आदेश क� ��त�ल�प अ�े�षत/Copy of the Order forwarded to : 1. अपीलाथ� / The Appellant 2. ��यथ� / The Respondent. 3. संबं�धत आयकर आयु�त / Concerned CIT 4. आयकर आयु�त(अपील) / The CIT(A)-10, Ahmedabad. 5. �वभागीय ��त�न�ध, आयकर अपील�य अ�धकरण, अहमदाबाद / DR, ITAT, Ahmedabad 6. गाड� फाईल / Guard file. आदेशानुसार/ BY ORDER, स�या�पत ��त //True Copy// उप/सहायक पंजीकार (Dy./Asstt.Registrar) आयकर अपील�य अ�धकरण, अहमदाबाद / ITAT, Ahmedabad 1. Date of dictation 08.05.2019 (covered case) 2. Date on which the typed draft is placed before the Dictating Member 08.05.2019 3. Other Member… 4. Date on which the approved draft comes to the Sr.P.S./P.S ………………….. 5. Date on which the fair order is placed before the Dictating Member for pronouncement… 6. Date on which the fair order comes back to the Sr.P.S./P.S……. 7. Date on which the file goes to the Bench Clerk………………… 8. Date on which the file goes to the Head Clerk…………………………………... 9. The date on which the file goes to the Assistant Registrar for signature on the order…………………….. 10. Date of Despatch of the Order………………