M/S. VANASTHALI TEXTILES INDUSTRIES LTD.,NEW DELHI vs. ADDL. CIT, NEW DELHI

The appellant, M/s. Vanasthali Textiles Industries Limited, by filing the present appeals, sought to set aside the impugned order dated 30.08.2013 passed by Ld. CIT (A)-19, New Delhi qua the assessment years 2007-08 & 2008-09.

In the aforesaid appeals, notices were sent through RPAD to the assessee for hearing on 11.04.2016 and the case was adjourned to 04.07.2016 as none was present on behalf of the assessee. The notice for the next date of hearing i.e. 04.07.2016 was also sent through RPAD but the appellant has not preferred to put in his appearance himself or through his authorized representative nor sent any request for adjournment. So, it is apparent on record that the appellant is not interested in prosecution of the present appeals.

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 appeals are hereby dismissed for want of prosecution with liberty to the assessee to file an application to recall the order subject to demonstrate that it was prevented by sufficient cause from putting its appearance at the time of hearing.