IN THE INCOME TAX APPELLATE TRIBUNAL
                 DELHI BENCHES "A": DELHI

     BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER
                           AND
        SHRI N.K. BILLAIYA, ACCOUNTANT MEMBER

               ITA.Nos.3605 & 3606/Del./2016
           Assessment Years 2009-2010 & 2010-2011

Shri A.K. Aggarwal,                   The ACIT,
H.No.1711, Sector-9,                  Circle Karnal.
Karnal. PAN AAPPA3464M           vs., Haryana.
         (Appellant)                          (Respondent)

                 For Assessee :            -None-
                 For Revenue : Shri P.V. Gupta, Sr. D.R.

              Date of Hearing : 18.04.2019
       Date of Pronouncement : 18.04.2019

                             ORDER

PER BHAVNESH SAINI, J.M.

           Both the appeals by the Assessee are directed against

the common     Order of    the    Ld. CIT(A)-I, Gurgaon,     Dated

29.03.2016, for the A.Ys. 2009-2010 and 2010-2011.


2.         Office reported that both the appeals are time barred

by 07 days which fact is intimated to the assessee. The assessee

did not make any application for condonation of delay. The

appeals were fixed for hearing. The assessee was notified the

date of hearing through registered post, however, none appeared

on behalf of the assessee. It, therefore, appears that assessee is

no more interested in prosecuting the appeals. Therefore, the
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                                      ITA.No.3605 & 3606/Del./2016
                                          Shri A.K. Aggarwal, Karnal.






appeals of the assessee are liable to be dismissed as un-

admitted.


3.          In view of the above and having regard to Rule 19(2)

of Income Tax Appellate Tribunal Rules and following various

decisions of Delhi Bench of the Tribunal including that of

Multiplan India Ltd., 38 ITD 320 (Del.); Hon'ble Madhya Pradesh

High Court decision in the case of Estate of Late Tukojirao

Holkar vs. CWT 223 ITR 480 (MP), and also the decision of

Hon'ble Supreme Court in the case of CIT vs. B. Bhattachargee &

Another (118 ITR 461 at page 477-478) wherein their Lordships

held that "the appeal does not mean, mere filing of the memo of

appeal but effectively pursuing the same". In view of the above,

respectfully following the aforecited decisions, we dismiss the

appeals of the assessee as un-admitted.







4.          In the result, appeals of the Assessee are dismissed.

            Order pronounced in the open Court.


   Sd/-                                    Sd/-
  (N.K. BILLAIYA)                         (BHAVNESH SAINI)
ACCOUNTANT MEMBER                         JUDICIAL MEMBER

Delhi, Dated 18th April, 2019

VBP/-
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                                      ITA.No.3605 & 3606/Del./2016
                                          Shri A.K. Aggarwal, Karnal.

Copy to

1.   The appellant
2.   The respondent
3.   CIT(A) concerned
4.   CIT concerned
5.   D.R. ITAT "A" Bench
6.   Guard File

                        //By Order//



            Asst. Registrar : ITAT : Delhi Benches :
                              Delhi.