IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F , NEW DELHI BEFORE SHRI J. SUDHAKAR REDDY, ACCOUNTANT MEMBER AND SHRI LALIT KUMAR , JUDICIAL MEMBER ITA NO. 5777 /DEL/2013 AY: 200 6 - 07 RNB OVERSEAS PVT.LTD. VS. ITO, WARD 15(4) RNB HOUSE, 1 SHIVAJI ENCLAVE NEW DELHI OPP. MOTHER DAIRY, NEAR RAJA GARDEN NEW DELHI PAN: AAACR 5753 Q (APPELLANT) (RESPONDENT) APPELLANT BY : NONE. RESPONDENT BY : SH. R.C.D AN UN JAY, SR.D.R. ORDER PER J.SUDHAKAR REDDY, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER DT. 28.2.2013 OF LD.CIT(A) - X V II I, NEW DELHI FOR ASSESSMENT YEAR 200 6 - 07 . 2. ON THE DATE OF HEARING I.E. ON 08.03.2016 , NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT APPLICATION WAS RECEIVED DESPITE ISSUAL OF NOTICE BY RPAD. HENCE IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEAL. HE ARD SHRI R.C.DAN UN JAY , LD.S R.D.R. ON BEHALF OF THE REVENUE. 3. FOLLOWING THE DECISIONS IN THE CASE OF CIT VS. MULTIPLAN INDIA P.LTD. 38 ITD, 320 (DELHI), AND THE DECISION OF THE HON BLE BOMBAY HIGH COURT IN THE CASE OF M/S CHEMIPOL VS. UOI AND OTHERS IN C ENTRAL EXCISE APPEAL NO. 62/2009 JUDGEMENT DT. 17 TH SEPTEMBER,2009, WE CONSIDER IT A FIT CASE FOR ITA NO. 5777/DEL/13 A.Y. 2006 - 07 RNB OVERSEAS PVT.LTD., NEW DELHI 2 DISMISSING THE APPEAL IN LIMINE. IT IS TO CLARIFY THAT SUBSEQUENTLY, IF THE ASSESSEE EXPLAINS THE REASONS FOR NON - APPEARANCE AND IF THE BENCH IS SO SATISFI ED, THE MATTER MAY BE RECALLED FOR THE PURPOSE OF ADJUDICATION OF THE APPEAL. 4. IN THE RESULT, THE APPEAL BY THE ASSESSEE STANDS DISMISSED FOR NON - PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT ON 0 8 T H MARCH, 2016 . S D / - S D / - ( LALIT KUMAR ) (J.SUDHAKAR REDDY) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: THE 0 8 T H MARCH, 2016 * MANGA COPY OF THE ORDER FORWARDED TO: 1. APPELLANT; 2.RESPONDENT; 3.CIT; 4.CIT(A); 5.DR; 6.GUARD FILE BY ORDER ASST. REGISTRAR