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Income Tax Officer (TDS),Income Tax Office,Sector 14 Hisar-125001 VS. Superintendent (DDO),Department of Plant Breeding,C/o Anil Aggarwal & Co., C.A.,22, Green Park, Hisar - 125001
July, 07th 2012
                    DELHI BENCH `G' NEW DELHI


                          Assessment Year : 2006-07

                          Assessment Year : 2007-08

                          Assessment Year : 2008-09

                          Assessment Year : 2009-10

                          Assessment Year : 2010-11

Superintendent (DDO),          Vs     Income Tax Officer (TDS),
Department of Plant Breeding,         Income Tax Office,
C/o Anil Aggarwal & Co., C.A.,        Sector 14, Hisar-125001
22, Green Park, Hisar - 125001
(Appellant)                             (Respondent)
                               Appellant by: None
                          Respondent by : Smt. Surjan Mohanty, Sr.DR



        The above appeals have been filed by the assessee against the order of

CIT(A), Rohtak dated 24.8.2011 pertaining to Asstt. Years 2006-07 to 2010-

                                      2             ITA No.4820/Del/2011& Ors.

2.    This case was initially fixed for hearing on 5.1.2012 and on the

request of the assessee's counsel was adjourned to 4.7.2012 and both parties

were informed. Today on 4.7.2012, no one was present on behalf of the

assessee nor any request for adjournment was placed before the Bench. Smt.

Mohanty, Senior DR, appeared on behalf of the Revenue at the time of


3.    It appears that the assessee is not interested in getting the appeals

prosecuted. Hon'ble Madhya Pradesh High Court in the case of Tukojirao

Holkar Vs CWT 223 ITR 480 (MP), while dismissing the reference made at

the instance of the assessee in default, made the following observations:-

                    "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."

4.    ITAT Delhi Bench `D' in the case of CIT vs Multiplan India (P) Ltd.

38 ITD 320 observed that the provisions of Rule 19 state that mere issue of

notice could not by itself mean that the appeal had been admitted. This rule

only clarifies the position. There might be various reasons with the appellant

to remain absent at the time of hearing. One of the reasons might also be a

desire or absence of need to prosecute the appeal or liability to assist the

Tribunal in a proper manner or to take benefit of vagaries of law.
                                         3            ITA No.4820/Del/2011& Ors.

5.        Respectfully following the precedents, the appeals filed by the

assessee are treated as un-admitted and dismissed in limine. We may 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.

6.        In the result, the appeals filed by the assessee are dismissed for non-


          Order pronounced in the open court on 4.7.2012.

      Sd/-                                               Sd/-
 (S.V. MEHROTRA)                               (CHANDRA MOHAN GARG)
ACCOUNTANT MEMBER                                   JUDICIAL MEMBER

DT. 4TH JULY, 2012

Copy forwarded to:-

     1.      Appellant
     2.      Respondent
     3.      CIT(A)
     4.      CIT 5. DR                                              By order

                                                                Asstt. Registrar
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