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Baghpat Baraut Khekra Pradhikaran, C/o-Anupam Sharma, CA, 02, Victoria Garden, Victoria Park Road, Jail Chungi, Meerut. Vs. CIT, Meerut
August, 13th 2015
                      DELHI BENCH: `A' NEW DELHI


                      I.T.A .No.-3749/Del/2011
                    (ASSESSMENT YEAR-.............)

      Baghpat Baraut Khekra Pradhikaran,          vs   CIT,
      C/o-Anupam Sharma, CA,                           Meerut
      02, Victoria Garden, Victoria Park Road,
      Jail Chungi, Meerut.
      (APPELLANT)                                      (RESPONDENT)

                Appellant by       Application Rejected
                Respondent by      P.Dam Kanunjna, Sr.DR

                       Date of Hearing           12.08.2015
                    Date of Pronouncement        12.08.2015



      The present appeal has been filed by the assessee assailing the
correctness of the order dated 24.05.2011 of CIT, Meerut on various grounds.
2.    At the time of hearing, an adjournment petition was moved on behalf of
the assessee. However, on a perusal of the record, it is seen that the appeal
filed by the assessee is defective.   The assessee has been required by the
Registry to file copy of original challan evidencing payment of Tribunal fee. The
defect notice was issued on 11th August 2011 and till date it remains uncured.
The record further shows that the appeal came up for hearing on various times
and was adjourned as either no one was present on behalf on the assessee or on
the request of either party but the defect remained uncured.       In the afore-
mentioned peculiar facts and circumstances, we are of the view that the
assessee may not be serious in pursuing the appeal as a result thereof the
                                                              I.T.A .No.-3749/Del/2011

appeal has remained defective.       In the result, the appeal of the assessee is
dismissed in limine with liberty to the assessee in case it is serious in pursuing
the appeal to take appropriate corrective actions. In such an eventuality, the
assessee would be at liberty to pray for a recall of this order. The Co-ordinate
Bench considering the petition if so moved and if so satisfied that the defects
have been cured may recall this order. The said order was pronounced in the
open Court in the presence of the parties.
3. As a result, the appeal of the assessee is dismissed in limine. The order is pronounced in the open court on 12th of August 2015. Sd/- Sd/- (INTURI RAMA RAO) (DIVA SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 12/08/2015 *Amit Kumar* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Page 2 of 2
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