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Income Tax Appellate Tribunal, DELHI BENCH “E”, NEW DELHI
Before: SHRI H.S. SIDHU & SHRI PRASHANT MAHARISHI
Date of Hearing: Date of Hearing: 24.11111111.201 Date of Hearing: Date of Hearing: .201 .2015 .201 .2015 Date of Order : Date of Order : 24.11111111.201 Date of Order : Date of Order : .201 .201 ORDER ORDER ORDER ORDER PER PER H.S. SIDHU : JM PER PER H.S. SIDHU : JM H.S. SIDHU : JM H.S. SIDHU : JM Th This Th Th is is appeal is appeal appeal by the Assessee appeal by the Assessee by the Assessee is by the Assessee is is directed against is directed against directed against the directed against the the Order dated the rder dated rder dated rder dated 21 21.9.20 21 21 20 2012 passed by the Ld. 20 passed by the Ld. passed by the Ld. Commissioner of Income Tax passed by the Ld. Commissioner of Income Tax Commissioner of Income Tax Commissioner of Income Tax (Appeals) (Appeals)-IX, New Delhi (Appeals) (Appeals) , New Delhi , New Delhi for the asstt. , New Delhi for the asstt. for the asstt. year for the asstt. year year 20 year 20 2007-08. . . . 20 2. 2. 2.
In this case the Notice In this case the Notice was sent to the In this case the Notice In this case the Notice was sent to the was sent to the Assessee was sent to the ssessee ssessee for hearing ssessee for hearing for hearing by for hearing by by by Regd. AD Post for today i.e. Regd. AD Post for today i.e. 24.1 Regd. AD Post for today i.e. Regd. AD Post for today i.e. .1 .11.201 .1 .201 .2015 at the address mentioned in .201 at the address mentioned in at the address mentioned in at the address mentioned in Form No. 36 vide Column No. 10 Form No. 36 vide Column No. 10. . . . Form No. 36 vide Column No. 10 Form No. 36 vide Column No. 10 3.
3. On On 24.1 .11.201 .2015, , neither neither the the assessee assessee nor nor its its authorised authorised 3.
On On .1 .1 .201 .201 , , neither neither the the assessee assessee nor nor its its authorised authorised representative attended the hearing and also not filed any application representative attended the hearing and also not filed any application representative attended the hearing and also not filed any application representative attended the hearing and also not filed any application for adjournment It is thus inferred that the assessee is not interested in for adjournment It is thus inferred that the assessee is not interested in for adjournment for adjournment It is thus inferred that the assessee is not interested in It is thus inferred that the assessee is not interested in prosecution of its prosecution of its appeal. appeal. prosecution of prosecution of its its appeal. appeal.
Having regard to Rule 19(2) of ITAT Rules and following various Having regard to Rule 19(2) of ITAT Rules and following various Having regard to Rule 19(2) of ITAT Rules and following various Having regard to Rule 19(2) of ITAT Rules and following various decision decisions of Delhi Bench of the Tribunal including that of Multiplan India decision decision s of Delhi Bench of the Tribunal including that of Multiplan India s of Delhi Bench of the Tribunal including that of Multiplan India s of Delhi Bench of the Tribunal including that of Multiplan India Ltd. : 38 ITD 320 (Delhi) and Hon’ble Madhya Pradesh High Court’s Ltd. : 38 ITD 320 (Delhi) and Hon’ble Madhya Pradesh High Court’s Ltd. : 38 ITD 320 (Delhi) and Hon’ble Madhya Pradesh High Court’s Ltd. : 38 ITD 320 (Delhi) and Hon’ble Madhya Pradesh High Court’s decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), decision in Estate of Late Tukojirao Holkar vs. CWT; 223 ITR 480 (MP), we treat this we treat th is appeal as unadmitted and dismiss t appeal as unadmitted and dismiss the same. he same. We may like We may like we treat th we treat th is is appeal as unadmitted and dismiss t appeal as unadmitted and dismiss t he same. he same. We may like We may like to clarify that subsequently if the assessee explains the reasons for non to clarify that subsequently if the assessee explains the reasons for non to clarify that subsequently if the assessee explains the reasons for non to clarify that subsequently if the assessee explains the reasons for non appearance and if the Bench is so satisfied, the matter may be recalled appearance and if the Bench is so satisfied, the matter may be recalled appearance and if the Bench is so satisfied, the matter may be recalled appearance and if the Bench is so satisfied, the matter may be recalled for the purpose of adjudication of the appeal. for the purpose of adjudication of the appeal. for the purpose of adjudication of the appeal. for the purpose of adjudication of the appeal.
As a result, As a result, the A As a result, As a result, the A the Appeal of the assessee the A ppeal of the assessee ppeal of the assessee is ppeal of the assessee is is dismissed in limine. is dismissed in limine. dismissed in limine. dismissed in limine.
Order pronounced in the Open Court on Order pronounced in the Open Court on 24.11 Order pronounced in the Open Court on Order pronounced in the Open Court on 11 11.2015 11 .2015 .2015. . . . .2015 Sd/- Sd/- [PRASHANT MAHARISHI PRASHANT MAHARISHI PRASHANT MAHARISHI] ] ] ] PRASHANT MAHARISHI [H.S. SIDHU H.S. SIDHU H.S. SIDHU] H.S. SIDHU ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER JUDICIAL JUDICIAL JUDICIAL MEMBER JUDICIAL MEMBER MEMBER MEMBER “SRBHATNAGAR” “SRBHATNAGAR” “SRBHATNAGAR” “SRBHATNAGAR”