IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH B : NEW DELHI BEFORE SHRI D.R.SINGH, JM AND SHRI R.C.SHARMA, AM ITA NO.2122/DEL/2009 ASSESSMENT YEAR : 2004-05 SHRI DEEPAK PAHWA, 20, RAJPUR ROAD, DELHI 110 054. PAN NO.AAHPP5652J. VS. ASSTT.COMMISSIONER OF INCOME TAX, CIRCLE-3(1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SHRI MANISH GUPTA, DR. ORDER PER R.C.SHARMA, AM : THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF CIT(A) DATED 20.3.2009. 2. AT THE TIME OF HEARING BEFORE US, NOBODY HAS PUT IN APPEARANCE ON BEHALF OF THE ASSESSEE NOR ANY APPLICATION REQUESTING FOR ADJ OURNMENT OR OTHERWISE HAS BEEN RECEIVED. THE DATE OF HEARING WAS DULY NOTED BY TH E REPRESENTATIVE OF THE ASSESSEE ON THE LAST OCCASION I.E. ON 30.7.2009. THIS CONDUC T OF THE ASSESSEE SHOWS THAT HE IS NOT SERIOUSLY INTERESTED IN PROSECUTING THIS APP EAL FILED BEFORE THE TRIBUNAL. 3. CONSIDERING THE FACTS NARRATED ABOVE AND KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN CIT VS. MULTIPLAN (INDIA) PVT.LTD. 38 ITD 320 (DEL) AND M .P.HIGH COURT IN THE CASE OF LATE TUKOJI RAO HOLKAR 223 ITR 480 (MP), THIS APP EAL OF THE ASSESSEE IS TREATED AS UNADMITTED AND DISMISSED FOR NON-PROSECUTION. T HE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THE TRIBUNAL EXPLAINING THE R EASONS FOR NON-COMPLIANCE AND ITA-2122/D/2009 2 FOR RECALLING OF THIS ORDER AND IF THE BENCH IS SO SATISFIED, THEN THIS ORDER MAY BE RECALLED. 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. DECISION PRONOUNCED IN THE OPEN COURT ON CONCLUSION OF HEARING ON 28 TH OCTOBER, 2009. SD/- SD/- (D.R.SINGH) (R.C.SHARMA) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED : 28.10.2009. VK. COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR