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Confederation of Indian Industry 23-26, Institutional area Lodhi road, New Delhi vs. ITO(E), Trust Ward III New Delhi
March, 25th 2014
                     DELHI BENCHES : "B" NEW DELHI

                      BEFORE SHRI U.B.S.BEDI, JM
                      SHRI J.SUDHAKAR REDDY, AM

                         ITA no. 2189/Del/2013
                        Assessment Year : 2007-08

Confederation of Indian Industry    vs.     ITO(E), Trust Ward III
23-26, Institutional area                   New Delhi
Lodhi road, New Delhi


(Appellant)                                       (Respondent)

                           Appellant by:- None
                  Respondent by:- Sh. Gagan Sood, Sr.D.R.



     This appeal filed by the assessee, is directed against the order of the

Ld.Commissioner of Income Tax (Appeals)-XXI, New Delhi dated 04.02.2013

pertaining to the Assessment Year 2007-08.

2.   On the date of hearing i.e. on 19.03.2014, none appeared on behalf of

the assessee, nor any adjournment application was received inspite of service

of notice to the assessee much well in advance.    We find from the record that

on earlier occasions, the appeal has      been adjourned on the request of the

assessee. Hence we presume that the assessee is not interested in prosecuting

these appeals.
                                                                     Page 2 of 3

3.     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 in limine, as not admitted. We may like to clarify that

subsequently, if the assessee explains the reasons for non-appearance and if

the Bench is so satisfied, the matter may be recalled for the purpose of

adjudication of the appeal.

4.     In the result, the     appeal by the assessee stands dismissed for non


Order pronounced in the Open Court on 19th March, 2014.

                Sd/-                                   Sd/-

       (U.B.S. BEDI)                         (J.SUDHAKAR REDDY)
     JUDICIAL MEMBER                        ACCOUNTANT MEMBER

Dated: the 19th March,2014

                                                                 Page 3 of 3

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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