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Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI
Before: SHRI N. K. SAINI & SMT. BEENA A. PILLAI
Date of hearing: 22.08.2016 Date of Pronouncement: 23.08.2016 ORDER
PER BEENA A. PILLAI, JM:
The assessee has filed the present appeal, against the order dated 23.12.2013 passed by CIT(A)-XXIV, New Delhi for the assessment year 2010-11 on various grounds.
In the present appeal, notice was sent through RPAD to the assessee for hearing on 29.02.2016, which was adjourned to 19.05.2016 on the request of assessee’s counsel. But due to non functioning of the Bench, the hearing was adjourned to 22.08.2018 for which notices were sent to both the parties through RPAD but the assessee has not preferred to put in his appearance himself or through
2 I.T.A.No.1614/Del/2014 his authorized representative nor sent any request for adjournment. So, it is assessee on record that the he is not interested in prosecution of the present appeal.
Keeping in view the legal position that mere issuance of notice does not amount to admission of appeal and this issue has been squarely decided by Hon’ble ITAT in the case of CIT Vs. Multiplan (India) Pvt. Ltd. 38 ITD 320 (Del.), the present appeal is hereby dismissed for want of prosecution with liberty to the assessee to file an application to recall the order subject to demonstrate that he was prevented by sufficient cause from putting his appearance at the time of hearing.
In view of above, appeal filed by assessee is dismissed as unadmitted.
Order pronounced in the open court on 23rd Aug., 2016.