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Amit Choudhary A-24, Rampuri, Near Surya Nagar, Ghaziabad. vs ITO Ward 39(3) New Delhi.
April, 11th 2019
          IN THE INCOME TAX APPELLATE TRIBUNAL
                DELHI BENCH: `D' NEW DELHI

      BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                            &
       SHRI PRASHANT MAHARISHI, ACCOUNTANT MEMBER

                   ITA No. 2374/Del/2015
                  Assessment Year: 2010-11
Amit Choudhary                      vs ITO
A-24, Rampuri,                         Ward 39(3)
Near Surya Nagar,                      New Delhi.
Ghaziabad.
PAN No. ABOPC7568G
APPELLANT                              RESPONDENT

         Assessee by         None
         Revenue by          Sh. J.K. Mishra, CIT DR

                Date of Hearing          10.04.2019
             Date of Pronouncement      10.04.2019

                              ORDER

PER SHRI BHAVNESH SAINI, J.M.

      This appeal by assessee has been directed against the order
of Ld. CIT(Appeals)-XX, New Delhi dated 04.03.2015 for AY 2010-
11.

2.    The assessee has been notified the date of hearing through
registered post, however, none appeared on behalf of assessee at
the time of hearing of the appeal. The record further reveals that
even on earlier occasions the Counsel for assessee had been
seeking adjournments only. It, therefore, appears that assessee is
                                  2
                                              ITA No. 2374/Del/2015








no more interested in prosecuting the appeal. Therefore, appeal of
the assessee is liable to be dismissed un-admittedly.            We find
support from the decision in Commissioner of Income-tax vs
Multiplan India (P) Ltd.: 38 ITD 320(Del), wherein there was no
representation for the appellant in the appeal filed by the revenue
before   the   Tribunal,   on   the   date   of   hearing,      nor   any
communication for adjournment was received as to why the
appellant had chosen to remain absent on that date. The Tribunal
on the basis of inherent powers, treated the appeal filed by the
revenue as un-admitted in view of the provisions of Rule 19 of the
Appellate Tribunal Rules, 1963. Respectfully following the said
decision, the appeal filed by the assessee is dismissed for non-
prosecution.

3.       The assessee, if so desired, shall be free to move before
Tribunal praying for recalling the order on explaining reasons for
non-compliance etc.






4.   In the result, the appeal of the assessee is dismissed for non-
prosecution.
     Order pronounced in the open court on 10.04.2019

          Sd/-                                      Sd/-
 (PRASHANT MAHARISHI)                        (BHAVNESH SAINI)
  ACCOUNTANT MEMBER                          JUDICIAL MEMBER
Dated: 10.04.2019
*Kavita Arora
                                              3
                                                              ITA No. 2374/Del/2015



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

                                                       ASSISTANT REGISTRAR
                                                            ITAT NEW DELHI

Date of dictation                                                    10.04.2019
Date on which the typed draft is placed before the dictating         10.04.2019
Member
Date on which the typed draft is placed before the Other Member
Date on which the approved draft comes to the Sr. PS/PS
Date on which the fair order is placed before the Dictating Member   10/4/19
for pronouncement
Date on which the fair order comes back to the Sr. PS/PS             10/4/19
Date on which the final order is uploaded on the website of ITAT     11/4/19
Date on which the file goes to the Bench Clerk                       11/4/19
Date on which the file goes to the Head Clerk
The date on which the file goes to the Assistant Registrar for
signature on the order
Date of dispatch of the Order

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