IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A : NEW DELHI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER I.T.A.NO. 3286/DEL/2011 ASSESSMENT YEAR : 2007-08 SHRI ASHOK KUMAR JAIN, PROP. M/S SHREE PATIL COMPUTERS, H-13, 1 ST FLOOR, VIJAY CHOWK, KRISHNA NAGAR, DELHI 110 051. PAN : ACXPJ 4657K VS. DCIT, CIRCLE 35 (1), NEW DELHI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : MRS. ANUSHA KHURANA, SR. 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 12 TH JANUARY, 2011 FOR ASSESSMENT YEAR 2007- 08. THE APPEAL WAS FIRST FIXED FOR HEARING ON 24 TH AUGUST, 2011 WHEN THE AR OF THE ASSESSEE HAD FILED THE PAPER BOOK AND THE MATTER WAS ADJOURNED TO 15 TH DECEMBER, 2011 AS THE LEARNED DR WANTED TO GO THRO UGH THE CONTENTS OF THE PAPER BOOK. THE ADJOURNED DATE WAS DULY NOTED BY THE COUNSEL OF THE ASSESSEE. ON 15 TH DECEMBER, 2011, NONE APPEARED ON BEHALF OF THE ASSESSEE. IN THESE CIRCUMSTANCES, WE PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS APPEA L. CONSIDERING THESE 2 FACTS AND KEEPING IN MIND THE PROVISIONS OF RULE 19 (2) OF THE ITAT RULES AS WERE CONSIDERED BY THE TRIBUNAL IN CIT VS. MULTI PLAN (INDIA) PVT. LTD. 38 ITD 320 (DEL) AND M.P.HIGH COURT IN THE CASE OF LATE TUKOJI RAO HOLKAR 223 ITR 480 (MP), WE TREAT THIS APPEAL AS UNADMIT TED. 2. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. 3. THE ORDER PRONOUNCED IN THE OPEN COURT ON 15.12. 2011. SD/- SD/- [SHAMIM YAHYA] [I.P. BANSAL] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED :15.12.2011. DK COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT DEPUTY REGISTRAR, ITAT, DELHI BENCHES