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M/s B.S.Colonizers & Developers Pvt.Ltd. vs. ACIT, Circle 1 357/1, By Pass, Modipuram Meerut Roorki road, Meerut
August, 01st 2014
            IN THE INCOME TAX APPELLATE TRIBUNAL
                DELHI BENCHES : "A" NEW DELHI

              BEFORE SHRI J. SUDHAKAR REDDY, AM
                AND SHRI GEORGE GEORGE K, JM

                            ITA No: 2058/Del/2013
                                AY : - 2005-06

M/s B.S.Colonizers & Developers Pvt.Ltd. vs.    ACIT, Circle 1
357/1, By Pass, Modipuram                       Meerut
Roorki road, Meerut

PAN: AACCB 4930 H
(Appellant)                                  (Respondent)
                     Appellant by : None
                    Respondent by: Smt.Parwinder Kaur, D.R.


                          ORDER

PER J. SUDHAKAR REDDY, ACCOUNTANT MEMBER

      This is an appeal     filed by the assessee against the    order dt.

24.01.2013 of Ld.CIT(A), Meerut     pertaining to the Assessment Year

2005-06.






 2.   On the date of hearing i.e. on   17.07.2014,   none appeared     on

behalf of the assessee despite service of the notice, nor any adjournment

application was received.    We find from the record that on an earlier

occasion also the appeal had been adjourned. Hence we presume that

the assessee is not interested in prosecuting the appeal.

3.    Following the decisions   in the case of CIT vs. Multiplan India

P.Ltd. 38 ITD, 320 (Delhi), and the decision of the Hon'ble Bombay High

Court in the case of M/s Chemipol vs. UOI and others in Central Excise

Appeal No. 62/2009 judgement dt. 17th September,2009, we consider it
                                  ITA 2058/Del/2013
                               Assessment Year: 2005-06
                        M/s B.S.Colonizers & Developers Pvt.Ltd.

a fit case for dismissing the appeals in limine, as not admitted. 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.

4.    In the result, the       appeal by the assessee stands dismissed for

non-prosecution.

      Order pronounced in the Open Court on 23rd July, 2014.









          Sd/-                                                    Sd/-
 (GEORGE GEORGE K)                                       (J. SUDHAKAR REDDY)
  JUDICIAL MEMBER                                        ACCOUNTANT MEMBER

Dated: the 23rd July, 2014

*manga

Copy of the Order forwarded to:
 1.    Appellant;
2.Respondent;
3.CIT;
4.CIT(A);
5.DR;
6.Guard File

                                                                     By Order




                                                                   Asst. Registrar

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