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Income Tax Appellate Tribunal, AHMEDABAD “SMC” BENCH
Before: Shri S.S. Godara & Shri Amarjit Singh
आदेश/ORDER PER : AMARJIT SINGH, ACCOUNTANT MEMBER:-
This assessee’s appeal for A.Y. 2008-09, arises from order of the CIT(A)- XI, Ahmedabad dated 12-03-2012, in proceedings under section 144 r.w.s. 143(3) of the Income Tax Act, 1961; in short “the Act”.
At the time of hearing, none appeared on behalf of the appellant- assessee. Last notice dated 21/12/2017of hearing was sent to the assessee fixing the date of hearing on 26/03/2018 at the address indicated in column No. 10. Despite this, the assessee remained unrepresented. In the aforementioned peculiar facts and circumstances of the case, in the absence of any
I.T.A No. 1285/Ahd/2015 A.Y. 2008-09 Page No 2 Satishbhai Rambhai Patel vs. ITO
representation on behalf of the assessee or petition seeking time, it can be safely presumed that the assessee is not serious in pursuing the appeal filed. Accordingly the only alternative left is to dismiss the appeal of the assessee in limine. Support is drawn from the order of the Tribunals in Commissioner of Income Tax vs. Multi Plan India (P) Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holka vs. CWT: 223 ITR480 (M.P.).
Before parting, it is appropriate to add that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing, it would be at liberty if so advised to pray for a recall of this order.
In the result, the appeal of the Assessee is dismissed.
Order pronounced in the open court on 16-04-2018
Sd/- Sd/- (S.S. GODARA) (AMARJIT SINGH) JUDICIAL MEMBER ACCOUNTANT MEMBER Ahmedabad : Dated 16/04/2018 आदेश क� ��त�ल�प अ�े�षत / Copy of Order Forwarded to:- 1. Assessee 2. Revenue 3. Concerned CIT 4. CIT (A) 5. DR, ITAT, Ahmedabad 6. Guard file.
By order/आदेश से, उप/सहायक पंजीकार आयकर अपील�य अ�धकरण, अहमदाबाद