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M/s. Topscore Tradevariety Pvt. Ltd., (now merged with Avantha Realty Ltd.),Thapar House, 124, Janpath, New Delhi 110 001. vs. ITO, Ward 16 (3), New Delhi.
December, 26th 2013
                (DELHI BENCH `H' : NEW DELHI)


                          ITA No.3839/Del./2013
                     (ASSESSMENT YEAR : 2009-10)

M/s. Topscore Tradevariety Pvt. Ltd.,              vs.    ITO, Ward 16 (3),
(now merged with Avantha Realty Ltd.),                    New Delhi.
Thapar House, 124, Janpath,
New Delhi ­ 110 001.

      (PAN : AABCT8787B)

      (APPELLANT)                                  (RESPONDENT)

                      ASSESSEE BY : None
             REVENUE BY : Shri Sameer Sharma, Senior DR



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

19, New Delhi dated 12.03.2013 for the assessment year 2009-10.

2.    Today i.e. on 17.12.2013 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.3839/Del./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 17TH day of December,
2013 after conclusion of the hearing.

                 Sd/-                                   sd/-
           (U.B.S. BEDI)                           (B.C. MEENA)
         JUDICIAL MEMBER                       ACCOUNTANT MEMBER


Copy forwarded to:
     4.CIT(A)-19, New Delhi.
     5.CIT(ITAT), New Delhi.
                                                              AR, ITAT
                                                             NEW DELHI.
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