IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. A.D.JAIN, HONBLE JUDICIAL MEMBER AND SH. T.S. KAPOOR, HONBLE ACCOUNTANT MEMBER I.T.A. NO 333 (ASR)/2013 ASSESSMENT YEAR: 2009-10 PAN: AGKPK5434C AJAY KUMAR S/O SH. SUCHA RAM ST. NO. 10/15/1, KOTHI NO.1 BALAJI BHAWAN, BALA RAM NAGAR, BATHINDA. VS. INCOME TAX OFFICER WARD-I(1) BATHINDA. (APPELLANT) (RESPONDENT) APPELLANT BY: NONE RESPONDENT BY: SH. TARSEM LAL, (DR) DATE OF HEARING: 23.09.2015 DATE OF PRONOUNCEMENT: 23.09.2015 ORDER PER T.S.KAPOOR,(AM). AT THE TIME OF HEARING NO ONE WAS PRESENT BEFORE THE BENCH ON BEHALF OF THE ASSESSEE NEITHER THERE WAS ANY APPLIC ATION FILED FOR ADJOURNMENT OF THE CASE, THEREFORE THE CASE WAS PAS SED OVER. IN THE SECOND ROUND ALSO, NO ONE WAS PRESENT ON BEHALF OF THE ASSESSEE. FROM THE RECORDS, IT IS OBSERVED THAT THE DUE NOTIC E FOR THE DATE OF HEARING FOR TODAY WAS ISSUED ON 08.09.2015, WHICH W AS SENT THROUGH RPAD AND EVEN THEN NOBODY HAS APPEARED TODA Y. FROM THE ABOVE, IT IS OBSERVED THAT ASSESSEE IS NOT INTEREST ED IN PROSECUTION OF HIS APPEAL. THEREFORE, CONSIDERING THE FACTS AND KEEPING IN MIND 2. ITA NO. 333(ASR)/ 2013 ASST. YEAR.2009-2010 THE PROVISIONS OF RULE 19(2) OF THE INCOME-TAX (APP ELLATE TRIBUNAL) RULES, 1963, AS WAS CONSIDERED IN THE CASE OF CIT VS. MULTIPLAN INDIA LTD, REPORTED IN 38 ITD 320(DEL.), WE TREAT THIS APPEAL AS UNADMITTED. ACCORDINGLY, THE APPEAL IS DISMISSED FO R WANT OF PROSECUTION. THE ASSESSEE, IF SO ADVISED, SHALL BE FREE TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EX PLAINING THE REASONS FOR NON-COMPLIANCE, ETC. AND IF THE BENCH I S SO SATISFIED ABOUT THE REASONS, ETC., IT CAN RECALL THE ABOVE OR DER. 2. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS D ISMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN THE OPEN COU RT ON 23.09. 2015. SD/- SD/- (A.D. JAIN) (T. S. KAPOOR) JUDICIAL MEMBER A CCOUNTANT MEMBER DATED: 23.09.2015 /PK/ P.S. COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE: AJAY KUMAR 2. THE INCOME TAX OFFICER, WARD-1(1), BATHINDA. 3. THE CIT(A), 4. THE CIT, 5. THE SR DR, I.T.A.T., TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR.