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Income Tax Appellate Tribunal, DELHI BENCH ‘H ’, NEW DELHI
Before: SHRI N. K. SAINI & SHRI SMT BEENA A PILLAI
The assessee has filed the present appeal, against the order dated 09.12.2013 passed by ACIT, Range VI, New Delhi for the assessment year 2008-09 on various grounds.
In the present appeal, notice was sent through RPAD to the assessee for hearing on 11.01.2016, which was adjourned to 06.04.2016 as the bench was not working.
But due to non appearance of the assessee on 06.04.2016, the case was adjourned to 21.04.2016 but none appeared on behalf of the assessee. In order to give one more opportunity, the case was again adjourned to 30.06.2016 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 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 01st July, 2016.