1                     ITA No. 4345/Del/2018




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

     BEFORE SH. R.K PANDA, ACCOUNTANT MEMBER
                       ITA No.4345/Del/2018

                       Assessment Year: 2009-10

     Bhagwan Krishan               ITO
     Investment & Trading Co.   Vs Ward-2(4)
     (P) Ltd.                      New Delhi
     (Now Pawansut Holding
     Ltd.) 415, Usha Kiran
     Azadpur Commercial
     Complex,
     New Delhi
     PAN No. AACCB2095F
     (APPELLANT)                       (RESPONDENT)

     Appellant by                     None
     Respondent by                    Sh. S. L. Anuragi, Sr. DR

     Date of hearing:                 08/05/2019
     Date of Pronouncement:           08/05/2019


                              ORDER

PER R.K. PANDA, AM:

1.     This appeal filed by the assessee is directed against the
order dated 28/03/2018 of the CIT(A)-2, New Delhi for A. Y.
2009-10.
                                    2               ITA No. 4345/Del/2018









2.   None appeared on behalf of the assessee when the name of

the assessee was called.       It was seen from the order sheet

entries that in the last two occasions also, there was no

representation from the side of the assessee despite service of

notice to RPAD in the Registry. Under these circumstances, I

am of the considered opinion that the assessee is not interested

in prosecuting the appeal filed by it. Therefore, following the

decisions mentioned below, the appeal filed by the assessee is

dismissed for want of prosecution:-


     1. CIT vs. B.N. Bhattachargee & Anr., 118 ITR 461.
     2. Estate of late Tukojirao Holkar vs. CWT, 223 ITR 480
       (M.P.).
     3. Commissioner of Income-tax vs. Multiplan India (P.) Ltd,
       38 ITD 320 (Del.).



3.   However, if the assessee, through proper application, can

explain the reasons for such non-appearance, the Tribunal

may, at its discretion, recall this order.
                                               3                           ITA No. 4345/Del/2018







4.      In the result, the appeal filed by the assessee is dismissed

in limine for want of prosecution.


The decision was pronounced in the open court at the time of

hearing itself i.e., on         08 .05.2019.


                                                                    Sd/-
                                                         (R.K PANDA)
                                                     ACCOUNTANT MEMBER
R.N*

Date:- 08.05.2019

Copy forwarded to:

1.                              Appellant
2.                              Respondent
3.                              CIT
4.                              CIT(Appeals)
5.                              DR: ITAT
                                                               ASSISTANT REGISTRAR

                                                                   ITAT NEW DELHI

          Date of dictation                                          08.05.2019
          Date on which the typed draft is placed before the         08.05.2019
          dictating 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 for Pronouncement
          Date on which the fair order comes back to the Sr.
          PS/ PS
          Date on which the final order is uploaded on the              .05.2019
          website of ITAT
          Date on which the file goes to the Bench Clerk
          Date on which file goes to the Head Clerk.

          The date on which file goes to the Assistant Registrar
          for signature on the order
          Date of dispatch of the Order
4   ITA No. 4345/Del/2018