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Income Tax Appellate Tribunal, DELHI BENCHES: ‘F’, NEW DELHI
Before: SHRI R.S. SYAL & SMT. BEENA A PILLAI
order of Ld. CIT(A), New Delhi dated 30.04.2015 for the A.Y. 2010-11. None appeared on behalf of the assessee, at the time of hearing of the appeal despite issue of notice dated 19.7.17 fixing the date of hearing 24.8.2017 and notice dated 25.9.2017 fixing the date of hearing 16.11.2017 through registered post. It appears that assessee is no more interested in prosecuting the appeal. Therefore, the appeal of 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.); ITA 5271/Del/2015 A.Y. 2010-11 Mahila Jagriti and Vikas Kendra, Rohtak 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, the appeal of the assessee is dismissed as un-admitted.
In the result the appeal filed by the assessee is dismissed for non prosecution.
Order pronounced in the Open Court on 21st November, 2017.