IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH E: NEW DELHI BEFORE SHRI R.P. TOLANI, JUDICIAL MEMBER AND SHRI K.D. RANJAN, ACCOUNTANT MEMBER I.T.A.NO.3903/DEL/2011 ASSESSMENT YEAR : 2007-08 METRO SOLUTIONS PVT. LTD., INCOME-TAX OFFICER, C-22, 1 ST FLOOR, SANWAL NAGAR, VS. WARD 6(4), NEW DELHI. NEW DELHI. PAN: AACCM2929D (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI R. S. NEGI, S R. DR O R D E R PER K.D. RANJAN, ACCOUNTANT MEMBER THIS APPEAL BY THE ASSESSEE FOR ASSESSMENT YEAR 200 7-08 ARISES OUT OF THE ORDER OF THE COMMISSIONER OF INCOME-TAX (APPEAL S)-IX, NEW DELHI. 2. AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE. A PERUSAL OF THE RECORD SHOWS THAT THE CASE WAS INITI ALLY FIXED FOR HEARING ON 24.10.2011 AND AT THE REQUEST OF THE ASSESSEES COU NSEL VIDE APPLICATION DATED 22.10.2012, THE CASE WAS ADJOURNED TO 23.01.2 012 AND THE DATE OF HEARING WAS NOTED BY BOTH THE PARTIES ON THE APPLIC ATION ITSELF. DESPITE THE SAME NEITHER ANYONE WAS PRESENT NOR ANY REQUEST FOR ADJOURNMENT WAS 2 RECEIVED. FROM THE ABOVE IT IS EVIDENT THAT THE ASS ESSEE IS NOT INTERESTED IN THE PROSECUTION OF APPEAL. SHRI R.S. NEGI, SR. DR APPEARED FOR THE REVENUE. 3. CONSIDERING THE FACTS AND KEEPING IN VIEW THE PR OVISIONS OF ORDER V RULE 19A OF THE INCOME-TAX APPELLATE TRIBUNAL RULES , AS WERE CONSIDERED IN THE CASES OF CIT VS. MULTIPLAN (INDIA) PVT. LTD., 3 8 ITD 320 (DEL); AND LATE TUKOJI RAO HOLKAR, 223 ITR 480 (MP), WE DISMISS THI S APPEAL FILED BY THE ASSESSEE. THE ASSESSEE, IF SO ADVISED, SHALL BE FRE E TO MOVE THIS TRIBUNAL PRAYING FOR RECALLING OF THIS ORDER AND EXPLAINING THE REASONS FOR NON- COMPLIANCE ETC. AND IF THE BENCH IS SO SATISFIED AB OUT THE REASONS ETC., THEN THIS ORDER SHALL BE RECALLED. 4. THIS DECISION WAS PRONOUNCED IN THE OPEN COURT O N THE DATE OF HEARING ITSELF I.E. ON 23 RD JANUARY, 2012. SD/- SD/- (R.P. TOLANI) (K.D. RANJAN) JUDICIAL MEMBER ACOUNTANT MEMBER DATED: 23 RD JANUARY, 2012. COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR BY ORDER *MG DEPUTY REGISTRAR, ITAT.