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[Cites 1, Cited by 1]

Income Tax Appellate Tribunal - Agra

Satish Thakur, Gwalior vs A.C.I.T., Range-1, Gwalior on 9 March, 2017

            IN THE INCOME TAX APPELLATE TRIBUNAL
                      AGRA BENCH: AGRA

             BEFORE SHRI A. D. JAIN, JUDICIAL MEMBER, AND
            DR. MITHA LAL MEENA, ACCOUNTANT MEMBER

                        I.T.A No. 46/Agra/2015
                     (ASSESSMENT YEAR-2010-11)

     Shri Satish Thakur                 Vs..Asstt. CIT Range-1,
     C-670, Anand Nagar,                     Gwalior.
     Gwalior.
     PAN No.
      (Assessee)                             (Revenue)

               Assessee by        None.
               Revenue by         Shri Waseem Arshad,
                                  Sr.DR.


                   Date of Hearing              08.03.2017
                   Date of Pronouncement        09.03.2017


                                     ORDER

PER, BENCH:

This appeal filed by the assessee is directed against the order of the ld. CIT(A), dated 11.12.2014.

2. When the appeal was called out for hearing, none appeared on behalf of the assessee, nor any application for adjournment has been filed. We find that proper notices of hearing have already been sent to the assessee, which have not returned unserved. Under these circumstances, it appears that the assessee is not I.T.A No. 46/Agra/2015 2 interested in prosecuting the appeal any further. As such, we hold that the appeal is liable to be dismissed for non prosecution. In this regard we place reliance upon the following case laws:

1. CIT vs. Multiplan India Ltd. 38 ITD 320 (Del)
2. Estate of Late Tukojirao Holkar vs. CWT 223 ITR 480 (M.P.)
3. New Diwan Oil Mills vs. CIT (2008) 296 ITR 495 (P& H)
4. CIT vs. B. N. Bhattachargee And Another 118 ITR 461(SC)

3. Respectfully following the view taken in the cases cited (supra), we dismiss the appeal filed by the assessee for non prosecution. The assessee may, however, get it revived by showing sufficient cause for non-appearance.

4. In the result, sthe appeal filed by the assessee is dismissed. Order pronounced in the open court on 09/03/2017.

      Sd/-                                                        Sd/-
 (A. D. JAIN)                                            (DR. MITHA LAL MEENA)
JUDICIAL MEMBER                                           ACCOUTANT MEMBER

Dated 09/03/2017
*AKV*
Copy forwarded to:

1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(Appeals)
5.    DR: ITAT


                                                           ASSISTANT REGISTRAR
                                           I.T.A No. 46/Agra/2015
                                                                       3




                                                         Date
1.    Draft dictated (DNS)                               08.03.2017 PS
2.    Draft placed before author                         08.03.2017 PS
3.    Draft proposed & placed before the second member              JM/AM
4.    Draft discussed/approved by Second Member.                    JM/AM
5.    Approved Draft comes to the Sr.PS/PS               09.03.2017 PS/PS
6.    Kept for pronouncement on                                     PS
7.    File sent to the Bench Clerk                       09.03.2017 PS
8.    Date on which file goes to the AR

9. Date on which file goes to the Head Clerk.

10. Date of dispatch of Order.