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Income Tax Appellate Tribunal, DELHI BENCHES “SMC” : DELHI
Before: SHRI BHAVNESH SAINI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCHES “SMC” : DELHI BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA.No.5587/Del./2018 Assessment Year 2009-2010 Shri Sher Singh Yadav, The Income Tax Officer, C/o. Shri Ravindra Kumar, Ward – 1(5), vs. Shanti Colony, Kichha Compound New Anaj Road, Rudrapur. District Mandi, Bagwara, Udham Singh Nagar, Rudrapur District, Uttarakhand – 263 153 Udham Singh Nagar, PAN ACOPY8955E Uttarakhand – 263 153 (Appellant) (Respondent)
For Assessee : -None- For Revenue : Shri S.L. Anuragi, Sr. D.R. Date of Hearing : 14.02.2019 Date of Pronouncement : 14.02.2019 ORDER PER BHAVNESH SAINI, J.M. This appeal by Assessee has been directed against the Order of the Ld. CIT(A), Haldwani, Dated 30.05.2018, for the A.Y. 2009-2010.
On the last date of hearing, the appeal was adjourned on the request of Counsel for assessee. However, at the time of hearing of the appeal, none appeared on behalf of the assessee. It, therefore, appears that assessee is no more interested in prosecuting the appeal. Therefore, the
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appeal of the assessee is liable to be dismissed as un- admitted.
In view of the above and having regard to Rule 19(2) of Income Tax Appellate Tribunal Rules and following various decisions of Delhi Bench of the Tribunal including that of Multiplan India Ltd., 38 ITD 320 (Del.); Hon’ble Madhya Pradesh High Court decision in the case of Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (MP), and also the decision of Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee & Another (118 ITR 461 at page 477-478) wherein their Lordships held that “the appeal does not mean, mere filing of the memo of appeal but effectively pursuing the same”. In view of the above, respectfully following the aforecited decisions, we dismiss the appeal of the assessee as un-admitted.
In the result, appeal of the Assessee dismissed.
Order pronounced in the open Court. Sd/- (BHAVNESH SAINI) JUDICIAL MEMBER Delhi, Dated 14th February, 2019 VBP/-
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Copy to
The appellant 2. The respondent 3. CIT(A) concerned 4. CIT concerned 5. D.R. ITAT ‘SMC’ Bench, Delhi 6. Guard File. // BY Order //
Assistant Registrar : ITAT Delhi Benches : Delhi