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M/s Agache Associates Ltd. C/o-M/s S.P.Jain and Associates, U-17 (LGF), Green Park Extn., New Delhi-110016 Vs. ITO, Company Ward-1(2), New Delhi
July, 10th 2015
                                    1                            ITA No. 1036/Del/14

                     DELHI BENCH: `SMC' NEW DELHI


                      I.T.A .No.-1036/Del/2014
                    (ASSESSMENT YEAR-2005-06)

      M/s Agache Associates Ltd.           vs ITO,
      C/o-M/s S.P.Jain and Associates,        Company Ward-1(2),
      U-17 (LGF), Green Park Extn.,           New Delhi
      New Delhi-110016
      (APPELLANT)                              (RESPONDENT)

                Appellant by       None
                Respondent by      Sh.Gagan Sood, Sr.DR

                      Date of Hearing           01.07.2015
                   Date of Pronouncement       08 .07.2015


      By the present appeal, the assessee assails the correctness of the order
dated 17.12.2013 passed by CIT(A)-IV, New Delhi pertaining to 2005-06
assessment year.
2. However, at the time of hearing when the appeal was called out, no one was present on behalf of the assessee. The appeal was passed over twice Despite the fact light till the end of the Board neither the assessee was present nor any request for adjournment had been placed before us. Since in the third round also the position remained the same. It was considereds that the assessee may not be serious in pursuing the appeal filed. It is further seen that the notice issued on 15.06.2015 sent to the assessee by speed post at the address indicated in Column No-10 in the memo of appeal filed by the assessee returned unserved with comment "left without address". Accordingly in the 2 ITA No. 1036/Del/14 absence of any representation on the part of the assessee seeking time etc. right till the time of the hearing and in fact till the passing of this order, the appeal is dismissed in limine. Support is drawn from the order of the Tribunal in Commissioner of Income-Tax vs. Multi Plan India (P) Ltd.; 38 ITD 320 (Del) and Estate of Late Tukojirao Holkar vs. CWT: 223 ITR 480 (M.P). 3. Before parting it is appropriate to add that in case the assessee is able to show that there was a reasonable cause for non-representation on the date of hearing then it may if so advised pray for a recall of this order and decisions on merits. The said order was pronounced on the date of hearing itself in the open Court. 4. As a result, the appeal of the assessee is dismissed. The order is pronounced in the open court on 8th of July 2015. Sd/- (DIVA SINGH) JUDICIAL MEMBER Dated: 08/07/2015 *Amit Kumar/R. N*/Kavita Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI 3 ITA No. 1036/Del/14 Date 1. Draft dictated on 01.07.2015 PS 2. Draft placed before author 01.07.2015 PS 3. Draft proposed & placed before the 08.07.2015 JM/AM second member 4. Draft discussed/approved by Second 08.07.2015 JM/AM Member. 5. Approved Draft comes to the 8.07.2015 PS/PS Sr.PS/PS 6. Kept for pronouncement on 08.07.2015 PS 7. File sent to the Bench Clerk 8.07.2015 PS 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.
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