IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI A.N. PAHUJA, ACCOUNTANT MEMBER I.T.A.NO. 1947/DEL/2011 ASSESSMENT YEAR : 2006-07 M/S AKHIL PHARMACEUTICALS, CHOONA MANDI, BUDAUN, UP 243601. PAN : AABFA6991M VS. ITO, BADAUN. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MRS. ANUSHA KHURANA, DR O R D E R PER I.P. BANSAL, JUDICIAL MEMBER:- THIS IS AN APPEAL FILED BY THE ASSESSEE. IT IS DI RECTED AGAINST THE ORDER OF THE CIT(A), DATED 7 TH JANUARY, 2010 FOR ASSESSMENT YEAR 2006-07. THE PRESENT APPEAL WAS FIXED FOR HEARING ON 20 TH JUNE, 2011 WHEN NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. THEREFORE, DIRECTION WAS GIVEN TO SEND NOTICE BY REGISTERED POST FOR GIVING FINAL OPP ORTUNITY TO THE ASSESSEE. ACCORDINGLY, NOTICE WAS SENT TO THE ASSESSEE ON 5 TH JULY, 2011 DESCRIBING THEREIN AS LAST OPPORTUNITY AND THE DATE OF HEARI NG WAS FIXED AS 10 TH OCTOBER, 2011. HOWEVER, ON 10 TH OCTOBER,2011 ALSO NONE WAS PRESENT ON BEHALF OF THE ASSESSEE. IT IS, THEREFORE, PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. CONSIDERING THESE FACTS AND KEEPING 2 IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RU LES AS WERE CONSIDERED BY THE TRIBUNAL IN CIT VS. MULTIPLAN (INDIA) PVT. L TD. 38 ITD 320 (DEL) AND M.P.HIGH COURT IN THE CASE OF LATE TUKOJI RAO HOLKA R 223 ITR 480 (MP), WE TREAT THIS APPEAL AS UNADMITTED. 2. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. 3. THE ORDER PRONOUNCED IN THE OPEN COURT ON 10.10. 2011. SD/- SD/- [A.N. PAHUJA] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 10.10.2011. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR, ITAT, DELHI BENCHES