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Income Tax Appellate Tribunal, ‘D ‘ BENCH, KOLKATA
Before: Shri P.M. Jagtap, & Shri S.S.Viswanethra Ravi
This appeal filed by the Assessee is against the order of the learned Commissioner of Income-tax (Appeals), Asansol dated 24-02- 2016 for the assessment year 2008-09.
It is noticed that the Registry fixed the appeal of the assessee for the hearing on 09-05-2018 and intimated the same to assessee by issuing notice dt. 13-03-2018 by RPAD, which was returned unserved with an endorsement “Left without address hence returned to sender”. On perusal of record, it is noticed that the registry issued a notice dt. 18-1-2018 intimating the date of hearing on 13-03-2018 and the said notice returned to sender with the same endorsement. It appears that the assessee is not interested in prosecuting its case. In view of the above, following the decisions of the ITAT, Delhi Bench in the case of Multiplan India (P) Limited reported in 38 ITD 320(Del) and Hon’ble Madhya Pradesh High Court in the case of Estate of late Tukojirao Holkar Vs. CWT reported in (223 ITR 480(MP), we dismiss the appeal of the assessee in limine for want of prosecution.