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NTT Data Global Delivery Service Ltd., Unitech Trade Centre, Sector-43, Sushant Lok, Gurgaon. vs ACIT, Circle-5(1), New Delhi
March, 24th 2014
             IN THE INCOME TAX APPELLATE TRIBUNAL
                   DELHI BENCH: `I' NEW DELHI

           BEFORE SMT DIVA SINGH, JUDICIAL MEMBER
                             AND
           SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER

                          I.T.A .No.-6478/Del/2012
                      (ASSESSMENT YEAR-2008-09)

      NTT Data Global Delivery Service Ltd.,        vs    ACIT,
      Unitech Trade Centre,                               Circle-5(1),
      Sector-43, Sushant Lok, Gurgaon.                    New Delhi
      PAN-AABCK7777J
      (APPELLANT)                                         (RESPONDENT)

             Appellant by:   None
             Respondent by: Mr. Peeyush Jain, CIT DR &
                            Sh. Yogesh Kumar Verma, CIT DR

                                    ORDER
PER DIVA SINGH, JM
    This is an appeal filed by the assessee against the order dated NIL of
ACIT, Circle-5(1), New Delhi u/s 143(3) r.w.s 144C(5) of the Income Tax Act,
1961 passed in pursuant to the order of the DRP Panel-1, New Delhi dated
24.09.2012 pertaining to 2008-09 assessment year. However at the time of
hearing, no one was present on behalf of the assessee. Accordingly the appeal
was passed over. In the second round also immediately before the rising in the
Bench, the position remained the same. It is seen that neither the assessee is
present nor any request for adjournment has been placed before the Bench. The
record further shows that on the last date of hearing i.e 09.12.2013 the appeal was
adjourned on the specific written request of the assessee and the record shows
that the date was noted by Sh. R.R.Maurya on the adjournment petition moved by
him. In these circumstances, it can be safely presumed that     the      assessee is
not serious in pursuing the present appeal.       The law assists those who are
                                                2                          I.T.A .No.-6478/Del/2012





vigilant and the assessee's non-representation in the background discussed
clearly demonstrates that the assessee is not serious in pursuing the present
appeal. Accordingly, we dismiss the appeal in limine. We find support from the
order of the Tribunals in Commissioner of Income-Tax vs. Multi Plan India (P)
Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holkar vs. CWT: 223 ITR
480 (M.P). In the said case while dismissing the reference made at the instance
of the assessee in default the Hon'ble Court made following observations in their
order-
         "If the party, at whose instance the reference is made, fails to appear at the
         hearing, or fails in taking steps for preparation of the paper books so as to
         enable hearing of the reference, the court is not bound to answer the
         reference."

2.       We hasten to add that in case the assessee is able to show that there was a
reasonable cause for non-representation on the date of hearing then it may if so
advised pray for a recall of this order and decisions on merits. The said order
was pronounced on the date of hearing itself in the open Court.
3.       In the result, the appeal of the assessee is dismissed.
         The order is pronounced in the open court on 19th of March 2014.

     Sd/-                                                                    Sd/-
(SHAMIM YAHYA)                                                           (DIVA SINGH)
ACCOUNTANT MEMBER                                                   JUDICIAL MEMBER

Dated: 19 /03/2014
*Amit Kumar*





Copy forwarded to:
1.   Appellant
2.   Respondent
3.   CIT
4.   CIT(Appeals)
5.   DR: ITAT
                                                               ASSISTANT REGISTRAR
                                                                     ITAT NEW DELHI

 
 
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