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Shri Bhupal Singh Bisht .Hotel Prim Rose, The Mall Nainital VS. ITO, Nainital
February, 10th 2014
                   DELHI BENCHES : "A" NEW DELHI

                     BEFORE SHRI R.P. TOLANI, JM
                     SHRI J.SUDHAKAR REDDY, AM

                            ITA No: 4943/Del/2012
                          Assessment Year : - 2009-10

Shri Bhupal Singh Bisht              vs.   ITO, Nainital
Hotel Prim Rose, The Mall

(Appellant)                                (Respondent)

                       Appellant by : None
                      Respondent by: Ms.Y.Kakkar, Sr.D.R.



      This is an appeal filed by the assessee against the order dt.

02.07.2012 of Ld.CIT(A)-II, Dehradun for Assessment Year 2009-10.

2.    On the date of hearing i.e. on 03.02.2014,     none appeared    on

behalf of the assessee, nor any adjournment application received.     On

perusal of the records, we find that on earlier occasions also the appeal

has been adjourned on several occasions. Hence we presume that the

assessee is not interested in prosecuting    this appeal.   Following the

decisions     in the case of CIT vs. Multiplan India P.Ltd. 38 ITD, 320

(Delhi), and the decision of the Hon'ble Bombay High Court in the case of

M/s Chemipol vs. UOI and others in Central Excise Appeal No. 62/2009

judgement dt. 17th September,2009,       we consider it a fit case for

dismissing the appeal as not admitted.

3.     In the result, the appeal by the assessee stands dismissed as `not


Order pronounced in the Open Court on 03rd February, 2014.

             Sd/-                               Sd/-

       (R.P. TOLANI)                        (J.SUDHAKAR REDDY)
     JUDICIAL MEMBER                       ACCOUNTANT MEMBER

Dated: the 03rd February, 2014


Copy of the Order forwarded to:
  1. Appellant; 2.Respondent; 3.CIT; 4.CIT(A); 5.DR; 6.Guard File

                                                     By Order

                                                   Asst. Registrar

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