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M/s. DMC Education Ltd., H-108, IInd Floor, New Asiatic Bldg. Connaught Place, New Delhi. Vs. A.C.I.T., Central Circle-9, New Delhi
September, 09th 2015
              IN THE INCOME TAX APPELLATE TRIBUNAL,
                     DELHI BENCH `B' NEW DELHI

          BEFORE :       SHRI H.S. SIDHU, JUDICIAL MEMBER &
                        SHRI L.P. SAHU, ACCOUNTANT MEMBER

                             ITA No. 3619/Del./2012
                              Asstt. Year : 2007-08

M/s. DMC Education Ltd.,             vs.            A.C.I.T., Central Circle-9,
H-108, IInd Floor, New Asiatic Bldg.                New Delhi
Connaught Place, New Delhi.
[PAN : AACCD 5023B]
(Appellant)                                         (Respondent)

      Appellant by                     :     None
      Respondent by                    :     Shri Md. Mohsin Alam, CIT/DR

      Date of hearing                  :     07.09.2015
      Date of pronouncement            :      07.09.2015

                                     ORDER

Per L.P. Sahu, Accountant Member:

       This appeal by the assessee is directed against the order dated 29.03.2012
passed by learned CIT(A)-XXXII, Delhi for the assessment year 2007-08.


2.    At the time of hearing, no one was present on behalf of the assessee despite
the notice sent through register post at the address given in column No. 10 of the
memo of appeal filed by the assessee. It is notable that the present appeal was filed
on 10.07.2012 and had been fixed for hearing for the first time on 10.09.2012. The
case stood adjourned to 17.01.2013 and 22.05.2013 on the request of the assessee's
counsel. However, the appeal was heard and dismissed exparte on 22.05.2013 for
non-appearance on behalf of the assessee. Subsequently, the exparte order dated
22.05.2013 was recalled on the MA No.214/Del./2013 filed by the assessee and the
                                              2                       ITA No. 3619/Del./2012





appeal was again fixed for hearing on merits on 08.12.2014. On 08.12.2014, the
hearing was adjourned to 24.02.15 again on the request of assessee's counsel, but
none appeared on that date also. Subsequently, the case was further adjourned to
09.06.15 and the last date of hearing was fixed for 07.09.2015, but the assessee still
remained absent on this date too. From the series of these facts and the number of
opportunities having been given to the assessee, it can be safely inferred that the
assessee is not serious in pursuing its appeal. In the circumstances, the only
alternative left with us is to dismiss the appeal of the assessee in limine. Support is
drawn from the order of Tribunals in CIT vs. Multi Plan India (P) Ltd., 38 ITD 320
(Del.) and Estate of Late Tukojirao Holkar vs. CWT, 223 ITR 480 (MP).


3.    Before parting, we think it appropriate to add that in case the assessee is able
to show reasonable cause for non-representation on the date of hearing, then it
may, if so advised, pray for a recall of this order and decision on merits.
4. In the result, the appeal of the assessee is dismissed. Order is pronounced in the open court on 07.09.2015. Sd/- Sd/- (H.S. SIDHU) (L.P. SAHU) Judicial Member Accountant Member Dated : 07.09.2015 *aks/- Copy of order forwarded to: (1) The appellant (2) The respondent (3) Commissioner (4) CIT(A) (5) Departmental Representative (6) Guard File By order Assistant. Registrar Income Tax Appellate Tribunal Delhi Benches, New Delhi
 
 
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