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Ghaziabad Organics Limited, C/o Akhilesh Kumar, Advocate Chamber No.206 207,Ansal Satyam, RDC Raj Nagar,Ghaziabad. vs. ACIT, Circle 12 (1), New Delhi.
December, 31st 2013
           IN THE INCOME TAX APPELLATE TRIBUNAL
                (DELHI BENCH `C' : NEW DELHI)

             SHRI A.D. JAIN, JUDICIAL MEMBER
                             and
       BEFORE SHRI B.C. MEENA, ACCOUNTANT MEMBER

                          ITA No.1287/Del./2013
                     (ASSESSMENT YEAR : 2003-04)

Ghaziabad Organics Limited,                  vs.   ACIT, Circle 12 (1),
C/o Akhilesh Kumar, Advocate                       New Delhi.
Chamber No.206 ­ 207,
Ansal "Satyam", RDC Raj Nagar,
Ghaziabad.

      (PAN : AAACG6468R)

      (APPELLANT)                                  (RESPONDENT)

                        ASSESSEE BY : None
                   REVENUE BY : Shri Satpal Singh, DR

                                      ORDER

PER B.C. MEENA, ACCOUNTANT MEMBER :

      The assessee has filed this appeal against the order of CIT (Appeals)-

VIII, New Delhi dated 17.12.2012 for the assessment year 2003-04.

2.    Today i.e. on 26.12.2013 when the case was called on board, none

appeared on behalf of the assessee nor any request for adjournment has been

filed before the Tribunal.    It seems that the assessee is not interested in

prosecuting the appeal; hence, the appeal filed by the assessee is liable to be

unadmitted and dismissed, for non-prosecution. The laws assist those who are

vigilant and not those who sleep over their rights. Considering these
                                       2               ITA No.1287Del./2013






facts and keeping in mind the provisions of Rule 19(2) of the ITAT Rules, as

were considered in the case of Multiplan India, reported in 38 ITD 320 (Del)

and in view of the decision of the Madhya Pradesh High Court in the case of

Estate of Late Tukoji Rao Holkar, reported in 223 ITR 480, we dismiss this

appeal in limine. The assessee, if so advised, shall    be   free to move this

Tribunal praying for recalling of the order and explaining the reasons etc. for

non-compliance and if the Bench is so satisfied about the reasons etc., then

this order may be recalled.

3.     In the result, the appeal of the assessee is dismissed.

     Order pronounced in open court on this 26th day of December, 2013.

                 Sd/-                                   sd/-
           (A.D. JAIN)                             (B.C. MEENA)
         JUDICIAL MEMBER                       ACCOUNTANT MEMBER

Dated the 26th day of December, 2013
TS

Copy forwarded to:
     1.Appellant
     2.Respondent
     3.CIT
     4.CIT(A)-VIII, New Delhi.
     5.CIT(ITAT), New Delhi.
                                                              AR, ITAT
                                                             NEW DELHI.





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