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Income Tax Appellate Tribunal, DELHI BENCH: ‘D’ NEW DELHI
Before: SMT. BEENA A PILLAI & SHRI PRASHANT MAHARISHI
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘D’ NEW DELHI
BEFORE SMT. BEENA A PILLAI, JUDICIAL MEMBER AND SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER
I.T.A .No.-3277/Del/2015 (ASSESSMENT YEAR-2010-11)
Care India Solutions vs ITO (Exemptions) For Sustainable Development Trust Ward – III E-46/12, Okhla Industrial Civic Centre, Area, Phase-II, New Delhi. New Delhi. AADCC3639H (APPELLANT) (RESPONDENT) Appellant by None Respondent by Smt. Naina Soin Kapil, Sr. DR
Date of Hearing 22/01/2019 Date of Pronouncement 22/01/2019
ORDER PER SMT. BEENA A PILLAI, J.M. This appeal filed by the Assessee is directed against the Order dated 18/03/2015 of the Ld. CIT(A), New Delhi relevant to assessment year 2010-11.
The assessee has been notified the date of hearing through Registered Post, however, none appeared on behalf of the assessee at the time of hearing of the appeal. It, therefore, appears that assessee is no more interested in prosecuting the appeal. Therefore, appeal of assessee is liable to be dismissed un-admittedly. We find support from the decision in Commissioner of Income-tax vs Multiplan India (P) Ltd.: 38 ITD 320(Del), wherein there was no representation for the appellant
ITA Nos. 3277/D/2015 Care India Solutions 2
in the appeal filed by the Revenue before the Tribunal, on the date of hearing, nor any communication for adjournment was received as to why the appellant had chosen to remain absent on that date. The Tribunal on the basis of inherent powers, treated the appeal filed by the Revenue as un-admitted in view of the provisions of Rule 19 of the Appellate Tribunal Rules, 1963. Respectfully following the said decision, the appeal filed by the assessee is dismissed for non- prosecution.
The assessee, if so desired, shall be free to move before Tribunal praying for recalling the order on explaining reasons for non-compliance etc.
In the result, the appeal of the assessee is dismissed for non- prosecution.
Order pronounced on 22.01.2019.
Sd/- Sd/-
(PRASHANT MAHARISHI) (BEENA A PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 22/01/2019 *Kavita