IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `E : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI B.C. MEENA, ACCOUNTANT MEMBER ITA NO.2720/DEL./2012 (ASSESSMENT YEAR : 2008-09) NIKITA DECORATOR PVT. LTD., VS. ITO, WARD 13(2), WZ-283/44, SHOP RENT HADDIWALI GALI NO.5, NEW DELH I VISHNU GARDEN, NEW DELHI. (PAN/GIR NO.AACCN0906H) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI R.S. NEGI, SR.DR ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE EMANATES FROM THE ORDER OF THE CIT (A)-XVI, NEW DELHI DATED 10.01.2012, RELEVANT TO ASSESSMENT YEAR 2004-05. 2. DESPITE SENDING NOTICE OF HEARING SUFFICIENTLY I N ADVANCE, ASSESSEE DID NOT APPEAR AT THE TIME OF HEARING OF THE APPEAL NOR ANY ADJOUR NMENT REQUEST HAS BEEN RECEIVED. THUS, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTION OF THE PRESENT APPEAL. 3. HAVING REGARD TO RULE 19(2) OF ITAT RULES, 1963 AND FOLLOWING VARIOUS DECISIONS OF THE TRIBUNAL INCLUDING IN THE CASE OF CIT VS. M ULTIPLAN INDIA (P) LTD., REPORTED IN 38 ITD 320 (DEL.) AND THE JUDGMENT OF HONBLE MADHYA P RADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 I.T.R. 480 (MP), WE TREAT THE APPEAL OF THE ASSESSEE AS UNADMITTED AND DISMISS THE SAME. I.T.A. NO.2720/DEL./2012 (A.Y. : 2008-09) 2 2 4. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT SOON AFTER THE CONC LUSION OF THE HEARING ON 06.08.2012. SD/- SD/- (B.C. MEENA) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : AUG. 06, 2012 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)-XVI, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT