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Income Tax Appellate Tribunal, DELHI BENCH : F : NEW DELHI
Before: SHRI BHAVNESH SAINI & SHRI R.K. PANDA
IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : F : NEW DELHI
BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER ITA No.2237/Del/2016 Assessment Year: 2011-12 KSMN & Company, Vs. ACIT, C/o KSMN & Co., CA, Circle 37(1), 137, Tribhuvan Complex, New Delhi. Ishwar Nagar, Mathura Road, New Delhi. PAN: AAIFK7757L (Appellant) (Respondent) Assessee by : None Revenue by : Shri Surender Pal, Sr. DR Date of Hearing : 11.03.2019 Date of Pronouncement : 11.03.2019 ORDER PER R.K. PANDA, AM: This appeal by the assessee is directed against the order dated 15th March, 2016 of the CIT(A)-20, New Delhi, relating to Assessment Year 2011-12.
This appeal was last fixed for hearing on 27th December, 2018 and since none 2. appeared on behalf of the assessee, this case was adjourned for hearing to today, i.e., 11th March, 2019. However, despite notice, when the name of the assessee was called none appeared on behalf of the assessee nor any petition seeking adjournment of the
ITA No.2237/Del/2016
case was filed. This type of conduct on the part of the assessee shows that it is not interested in prosecuting the appeal field by it. Therefore, following the decisions mentioned below, the appeal filed by the assessee is dismissed for want of prosecution:- 1. CIT vs. B.N. Bhattachargee & Anr., 118 ITR 461. 2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480 (M.P.). 3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd, 38 ITD 320 (Del.).
However, if the assessee, through proper application, explains the reasons for such non-appearance, the Tribunal may, at its discretion, recall this order. 4. In the result, the appeal filed by the assessee is dismissed in limine for want of prosecution. The decision was pronounced in the open court at the time of hearing itself 11.03.2019.
Sd/- Sd/- (BHAVNESH SAINI) (R.K. PANDA) JUDICIAL MEMBER ACCOUNTANT MEMFBER Dated: 11th March, 2019 dk Copy forwarded to 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asstt. Registrar, ITAT, New Delhi 2