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Mr. Pankaj Dua, 426, Sector-5, Gurgaon. Vs. Asstt. Commissioner of Income-tax, Circle 36(1), New Delhi.
December, 15th 2012
               DELHI BENCH `F': NEW DELHI


                           I.T.A. No.5183/Del/2011
                            Assessment Year : 2005-06

Mr. Pankaj Dua,                        Asstt. Commissioner of Income-tax,
426, Sector-5, Gurgaon.      Vs.       Circle 36(1), New Delhi.
                                       PAN : AKPPD9635F

     (Appellant)                             (Respondent)

                   Appellant by : None.
                   Respondent by : Shri Rajesh Kumar Kadia, Sr. DR.

                            Date of hearing      : 13-12-2012
                            Date of Pronouncement : 13-12-2012



        The assessee is aggrieved by the impugned order dated 23-08-2011

passed by the learned First Appellate Authority, New Delhi on the grounds

as mentioned in the grounds of appeal.

2.      At the time of hearing no one was present on behalf of the assessee

nor any request for adjournment was moved. The record shows that on the

last date of hearing i.e. on 16th July, 2012 the case was adjourned to 13th

December, 2012 on the request of the counsel for the assessee and the next
                                       2                  ITA No.5183/Del/2011

date was duly noted by the learned counsel as is evident from record. Today

i.e. 13th December, 2012, at the time of hearing the assessee neither

presented himself nor moved any adjournment petition. It seems that the

assessee is not interested to pursue his appeal. Shri Rajesh Kumar Kadia, Sr.

DR appeared for the Revenue.

3.     Considering the facts and keeping in view the provisions of Order V

Rule 19A of the Income-tax Appellate Tribunal Rules, as were considered in

the cases of CIT vs. Multiplan (India) Pvt. Ltd., 38 ITD 320 (Del); and Late

Tukoji Rao Holkar, 223 ITR 480 (MP), we dismiss this appeal filed by the

assessee for non-prosecution. The assessee, if so advised, shall be free to

move this Tribunal praying for recalling of this order and explaining the

reasons for non-appearance etc. and if the Bench is so satisfied about the

reasons, then this order may be recalled.

4.     Finally, the appeal of the assessee is dismissed for non-prosecution.

5.     This order was pronounced in the Open Court in the presence of the

learned Sr. DR at the conclusion of the hearing on 13th December, 2012.

              Sd/-                                 Sd/-
       ( B.C. MEENA)                          (JOGINDER SINGH)
     ACCOUNTANT MEMBER                        JUDICIAL MEMBER

Dated: 13th December, 2012.
                                   3                ITA No.5183/Del/2011

Copy of the order forwarded to:-

  1.   Appellant
  2.   Respondent
  3.   CIT
  4.   CIT(A)
  5.   DR                               By Order

*mg                                Deputy Registrar, ITAT.
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