IN THE INCOME TAX APPELLATE TRIBUNAL
                      DELHI BENCH: `SMC' NEW DELHI

             BEFORE SHRI H.S. SIDHU, JUDICIAL MEMBER

                         I.T.A .No.-5774/Del/2018
                       (ASSESSMENT YEAR-2015-16)

       Sh. Pradip Kumar Khator              vs   ITO
       1080, First Floor, Sector-46,             Ward 3(3),
       Gurgaon, Haryana.                         Gurgaon
       PAN No. AFNPK7987A
       (APPELLANT)                               (RESPONDENT)
              Appellant by           None
              Respondent by          Shri S.L.   Anuragi, Sr. DR

                      Date of Hearing              18/03/2019
                   Date of Pronouncement           18/03/2019

                                      ORDER

     This appeal filed by the Assessee is directed against the Order
dated 29/06/2018 of the Ld. CIT(A)-1, Gurgaon relevant to
assessment year 2015-16.
2.   In this case the Notice was sent to the assessee for hearing i.e.
on 18/03/2019 at the address mentioned in Form No. 36 vide
Column No. 10.
3.   On 18/03/2019, neither the assessee nor his Authorized
Representative    attended   the   hearing   and    also   not   filed any
Application for adjournment or nor filed the fresh address before the
Tribunal, hence, I am of the view that no useful purpose would be
served to serve the notice again and again on the same address. In
view of above, it is thus inferred that the assessee is not interested in
prosecution of his Appeal.
                              ITA No. 5774/D/2018                   2







4.   Having regard to Rule 19(2) of the ITAT Rules and following
various decisions of Delhi Bench of the Tribunal including that of
Multiplan India Ltd. : 38 ITD 320 (Delhi) and Hon'ble Madhya
Pradesh High Court's decision in Estate of Late Tukojirao Holkar vs.
CWT; 223 ITR 480 (MP), I treat this appeal as un-admitted and
dismiss the same. I would 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.
5.   In the result, the Appeal of the assessee is dismissed in limine.
     Order pronounced on 18.03.2019.
                                                                    Sd/-
                                                            (H.S. SIDHU)
                                                      JUDICIAL MEMBER
Dated: 18/03/2019
*Kavita

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






                                             ASSISTANT REGISTRAR
                                                  ITAT, NEW DELHI
                       ITA No. 5774/D/2018              3



                                             Date
1.    Draft dictated on                      18/03/19
2.    Draft placed before author             18/03/19
3.    Draft proposed & placed before the
      second member
4.    Draft discussed/approved by Second     18/03
      Member.
5.    Approved Draft comes to the            18/03
      Sr.PS/PS
6.    Order Pronounced and Uploaded          18/03
7.    File sent to the Bench Clerk           19/03
8.    Date on which file goes to the AR
9.    Date on which file goes to the Head
      Clerk.
10.   Date of dispatch of Order.