IN THE INCOME TAX APPELLATE TRIBUNAL AGRA BENCH, SMC, AGRA BEFORE SHRI P.K. BANSAL, ACCOUNTANT MEMBER ITA NO.68/AGR/2010 ASST. YEAR: 2006-07 M/S. KIRTI PRINTERS & PUBLISHERS, VS. INCOME-TAX OFFICER 3(2), D-59, INDUSTRIAL AREA A, MATHURA. MATHURA. (PAN : AABFP 2355 C). (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI R.C. SHARMA, JR. D.R. ORDER THIS APPEAL HAS BEEN FIELD BY THE ASSESSEE AGAINST THE ORDER OF THE CIT(A) DATED 04.01.2010. 2. THIS CASE WAS FIRST FIXED FOR HEARING ON 03.05.2 010, HOWEVER, THE HEARING WAS ADJOURNED FOR 01.06.2010. IT IS NOTICED THAT WHEN THE MATTER CAME UP FOR HEARING ON 01.06.2010, NONE APPEARED FOR AND ON BEHALF OF THE ASSESSEE. FROM T HIS IT IS REASONABLE TO INFER THAT THE ASSESSEE IS NOT SERIOUS TO PURSUE ITS CASE. THE LAW ASSISTS ON LY THOSE WHO ARE VIGILANT OF THEIR RIGHTS, AND NOT THOSE WHO SLEEP OVER THEM. THIS PRINCIPLE IS EMBOD IED IN THE WELL KNOWN DICTUM VIGILANTIBUS NON DORMENTIBUS, JURA SUBVENIUNT. U NDER THE CIRCUMSTANCES, KEEPING IN MIND THE PROVISIONS OF RULE 19(2) OF THE INCOME TAX APPELLATE TRIBUNAL RULES, 1963, AS WELL AS THE DECISIONS BY THE TRIBUNAL AS IN THE CASE OF CIT VS. MULTIPLAN INDIA LIMITED, 38 ITD 320 (DELHI) AND BY THE HIGHER COURTS, AS IN THE CAS E OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, 223 ITR 480 (M.P.), I TREAT THE ASSESSEES APPEAL A S UN-ADMITTED, AND DISMISS THE SAME IN LIMINE. 2 ITA NO.68/AGR/2010 ASST. YEAR: 2006-07 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED IN LIMINE. (ORDER PRONOUNCED IN THE OPEN COURT ON 01.06.201 0). SD/- (P.K. BANSAL) ACCOUNTANT MEMBER PLACE: AGRA DATE: 1 ST JUNE, 2010. PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT BY ORDER 3. CIT CONCERNED 4. CIT (APPEALS) CONCERNED 5. DR, ITAT, AGRA BENCH, AGRA 6. GUARD FILE ASSIST ANT REGISTRAR INCOME-TAX APPELLATE TRIBUNAL, AGRA TRUE COPY