IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH `B : NEW DELHI) BEFORE SHRI U.B.S. BEDI, JUDICIAL MEMBER AND SHRI T.S. KAPOOR, ACCOUNTANT MEMBER ITA NO.5226/DEL./2012 (ASSESSMENT YEAR : 2009-10) COSMOS INDUSTRIES LIMITED, VS. ITO, WARD 3(4), 202, THAPAR ARCADE, NEW DELHI. 47, KALU PURA, HAUZ KHAS, NEW DELHI. (PAN/GIR NO.AAACC6682R) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : MS. SHUMANA SEN, SR.DR ORDER PER U.B.S. BEDI, J.M. THIS APPEAL OF THE ASSESSEE EMANATES FROM THE ORDER PASSED BY THE CIT (A)-VI, NEW DELHI, DATED 30.07.2012, RELEVANT TO ASSESSMENT YEAR 2009-10. 2. DESPITE RECEIPT OF THE NOTICE OF HEARING, NEITHE R ASSESSEE NOR ANY OF ITS AUTHORIZED REPRESENTATIVE ATTENDED THE HEARING. SO, IT IS INF ERRED 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.5226/DEL./2012 (A.Y. : 2009-10) 2 4. AS A RESULT, THE APPEAL FILED BY THE ASSESSEE I S DISMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN OPEN COURT SOON AFTER THE CONC LUSION OF THE HEARING ON 11.12.2012. SD/- SD/- (T.S. KAPOOR) ACCOUNTANT MEMBER (U.B.S. BEDI ) JUDICIAL MEMBER DATED : DEC . 11, 2012 SKB COPY OF THE ORDER FORWARDED TO:- 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A)VI, NEW DELHI. 5. CIT(ITAT) DEPUTY REGISTRAR, ITAT