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Income Tax Appellate Tribunal, KOLKATA BENCH “B” KOLKATA
Before: Shri Aby.T Varke & Shri Waseem Ahmed
आदेश /O R D E R
PER Waseem Ahmed, Accountant Member:-
This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals)-XIX, Kolkata dated 12.03/15.03.2010 pertaining to assessment year 2005-06.
The appeal was fixed for hearing on 06.02.2017 but nobody appeared on behalf of the assessee again the case was adjourned and fixed for hearing today i.e. on 08.02.2017 and nobody attended on behalf of the assessee nor any adjournment application has been received. It seems that the assessee is not interested to prosecute its matters.
M/s MPS Greenery Developers Ltd. Vs. JCIT, Rng-2 Mid. Page 2 3. Considering the facts and the provisions of Rule 19(2) of the ITAT Rules as was considered in the case of CIT Vs. Multiplan India Pvt.Ltd., 38 ITD 320, we treat the appeal as un-admitted. We further add that in case the assessee is serious in pursuing the appeal filed, so assessee would be at liberty to pray for a recall of this order by moving an appropriate petition, as per law