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Hanuman Garments Private Limited, 5937, Gali No.12, Raghuvarpura-2, Gandhi Nagar, Delhi 110 031. vs. The Income Tax Officer, Ward 11 (1), 4th Floor, C.R. Building, New Delhi.
December, 06th 2018
              DELHI BENCHES "SMC" : DELHI


                  Assessment Year 2010-2011

Hanuman Garments Private         The Income Tax Officer,
Limited, 5937, Gali No.12,       Ward ­ 11 (1), 4th Floor,
Raghuvarpura-2, Gandhi       vs. C.R. Building,
Nagar, Delhi ­ 110 031.
PAN AABCH8548N                   New Delhi.
         (Appellant)                     (Respondent)

                For Assessee :            -None-
                For Revenue : Shri S.L. Anuragi, Sr. D.R.

              Date of Hearing : 05.12.2018
      Date of Pronouncement : 05.12.2018


          This appeal by Assessee has been directed against

the Order of the Ld. CIT(A)-35, New Delhi, Dated 04.12.2017,

for the A.Y. 2010-2011.

2.        On the last date of hearing the appeal was

adjourned on the request of Learned Counsel for the Assessee

and a notice has been issued to the assessee duly intimating

the date of hearing. However, even today i.e., on 05.12.2018,

none appeared on behalf of the assessee nor any application

seeking for adjournment has been filed. It, therefore, appears
                                ITA.No.2096/Del./2018 Hanuman Garments
                                                    Private Limited, Delhi.

that assessee is no more interested in prosecuting the appeal.

The appeal of assessee is, therefore, liable to be dismissed.

3.        In view of the above and having regard to Rule 19(2)

of Income Tax Appellate Tribunal Rules and following various

decisions of Delhi Bench of the Tribunal including that of

Multiplan India Ltd., 38 ITD 320 (Del.); Hon'ble Madhya

Pradesh High Court decision in the case of Estate of Late

Tukojirao Holkar vs. CWT 223 ITR 480 (MP), and also the

decision of Hon'ble Supreme Court in the case of CIT vs. B.

Bhattachargee & Another (118 ITR 461 at page 477-478)

wherein their Lordships held that the appeal does not mean,

mere filing of the memo of appeal but effectively pursuing the

same. Respectfully following the same, appeal of the assessee

is dismissed as un-admitted.

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

          Order pronounced in the open Court.

                                          (BHAVNESH SAINI)
Delhi, Dated 05th December, 2018         JUDICIAL MEMBER
                               ITA.No.2096/Del./2018 Hanuman Garments
                                                   Private Limited, Delhi.

Copy to
1.   The appellant
2.   The respondent
3.   CIT(A) concerned
4.   CIT concerned
5.   D.R. ITAT `SMC' Bench, Delhi
6.   Guard File.

                    // By Order //

          Assistant Registrar : ITAT Delhi Benches :
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