Income Tax Appellate Tribunal - DelhiSc Garments Pvt. Ltd., New Delhi vs Assessee on 8 December, 2005IN THE INCOME TAX APPELLATE TRIBUNAL
                     DELHI BENCH 'G' : NEW DELHI

         BEFORE SHRI A.D.JAIN, JM AND SHRI R.C.SHARMA, AM

                               ITA No.3800/Del/2008
                             Assessment Year : 2002-03

M/s SC Garments Pvt.Ltd.,               Vs.   Asstt.Commissioner of Income Tax,
No.51, Furniture Block,                       Circle-7(1),
Kirti Nagar,                                  New Delhi.
New Delhi - 110 015.
PAN No.AALFS9212K.

     (Appellant)                                    (Respondent)

                   Appellant by     :     None.
                   Respondent by    :     Shri Surender Pal, Sr.DR.

                                        ORDER
PER R.C.SHARMA, AM :This appeal is filed by the assessee against the order of CIT(A) dated
8.12.2005.2.      At the time of hearing before us, nobody has put in appearance on behalf of
the assessee nor any application requesting for adjournment or otherwise has been
received. The notice of hearing was sent to the assessee well in advance and has
not returned back unserved and is deemed to have been served. This conduct of
the assessee shows that he is not seriously interested in prosecuting this appeal
filed before the Tribunal.3.      Considering the facts narrated above and keeping in mind the provisions of
Rule 19(2) of the ITAT Rules as were considered by the Tribunal inCIT Vs.
Multiplan (India) Pvt.Ltd. - 38 ITD 320 (Del) and M.P.High Court in the case of
Late Tukoji Rao Holkar - 223 ITR 480 (MP), this appeal of the assessee is treated
as unadmitted and dismissed for non-prosecution. The assessee, if so advised,
                                            2                            ITA-3800/D/2008


shall be free to move the Tribunal explaining the reasons for non-compliance and
for recalling of this order and if the Bench is so satisfied, then this order may be
recalled.4.     In the result, the appeal filed by the assessee is dismissed.Decision pronounced in the open Court on conclusion of hearing on 29th
September, 2009.Sd/-                                       Sd/-
            (A.D.JAIN)                               (R.C.SHARMA)
        JUDICIAL MEMBER                           ACCOUNTANT MEMBER

Dated : 29.09.2009.
VK.

Copy forwarded to: -

1.     Appellant
2.     Respondent
3.     CIT
4.     CIT(A)
5.     DR, ITAT

                                    Deputy Registrar