IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH SMC, NEW DELHI BEFORE SHRI R. K. PANDA, ACCOUNTANT MEMBER ITA NO.3808/DEL/2017 ASSESSMENT YEAR : 2009-10 DEEPAK RANA, B-1, VISHAL CHAMBERS, P-1, SECTOR-18, NOIDA, NOIDA, UTTAR PRADESH. VS. ITO, WARD- 65(5), NEW DELHI. PAN : ADZPR1965K (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE DEPARTMENT BY : MS. YAMINI, SR.DR DATE OF HEARING : 22-11-2017 DATE OF PRONOUNCEMENT : 22-11-2017 O R D E R PER R. K. PANDA, AM : THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAIN ST THE ORDER DATED 28.02.2017 OF CIT(A)- 32, NEW DELHI RELATING TO ASS ESSMENT YEAR 2009-10. 2. DESPITE SERVICE OF NOTICE, NONE APPEARED ON BEHA LF OF THE ASSESSEE AT THE TIME OF HEARING NOR ANY PETITION SEEKING ADJOURNMEN T OF THE CASE HAS BEEN FILED. THIS TYPE OF ATTITUDE ON THE PART OF THE ASSESSEE S HOWS THAT HE IS NOT INTERESTED IN PROSECUTING THE APPEAL FILED BY HIM. THEREFORE, FO LLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD. REPO RTED IN 38 ITD 320 AND THE DECISION OF THE HONBLE MADHYA PRADESH HIGH COURT I N THE CASE OF LATE TUKOJIRAO HOLKAR REPORTED IN 223 ITR 480 (MP), THE APPEAL FILED BY THE ASSESSEE IS DISMISSED IN-LIMINE. HOWEVER, IF THE A SSESSEE THROUGH PROPER 2 ITA NO.3808/DEL/2017 APPLICATION CAN JUSTIFY SUCH NON-APPEARANCE ON THE DATE OF HEARING, THE TRIBUNAL MAY AT ITS DISCRETION RECALL THE ORDER. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF HEARING ITSELF I.E. ON THIS 22 ND DAY OF NOVEMBER, 2017. SD/- (R. K. PANDA) ACCOUNTANT MEMBER DATED: 22-11-2017. SUJEET COPY OF ORDER TO: - 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT 4) THE CIT(A) 5) THE DR, I.T.A.T., NEW DELHI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, NEW DELHI