RMC Harmony Pune vs DCIT Cir- IV Pune

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “ A”, PUNE Before Shri R.S.

Padvekar, Judicial Member and Shri R.K.

Panda, Accountant Member ITA No.

1840/PN/2012 (Asstt.Year : 2008-09) M/s.RMC Harmony, 212 Sun Mahu Complex, 5 Bund Garden Road, Pune-411001 PAN No.

AAIFR 6128G ..

Appellant Vs.

DCIT, Circle-IV, Pune ..

Respondent Appellant by : None Respondent by : Mrs.

M.S.

Verma Date of Hearing : 14-10-2013 Date of Pronouncement : 14-10-2013 ORDER Per R.K.

Panda, AM : This appeal filed by the assessee is directed against the order dated 25-06-2012 of the CIT(A) –II, Pune relating to assessment year 2008-09.

2.

Despite service of notice through RPAD (acknowledgement placed on record) none appeared on behalf of the assessee when the name of the assessee was called.

No petition seeking adjournment of the case was filed.

This type of conduct on the part of the assessee shows that it is not interested in prosecuting the appeal filed by it.

Therefore, following the decision of the Tribunal in the case of Multi Plan India Pvt.

Ltd., reported in 38 ITD 320 and the decision of Hon’ble Madhya Pradesh High Court in the case of Tukojirao Holkar Vs.

CWT reported in 213 ITR 480 we dismiss the appeal as unadmitted.

However, if the assessee through proper application can satisfy the Bench for non- 2 appearance on the date of hearing, the Tribunal may at its discretion recall the order.

3.

In the result, the appeal filed by the assessee is dismissed.

Pronounced in the Open court at the time of hearing itself, i.e., on 14th October, 2013.

Sd/- Sd/- (R.S.

PADVEKAR) (R.K.

PANDA) JUDICIAL MEMBER ACCOUNTANT MEMBER Pune, dated : 14th October, 2013 Satish Copy of the order is forwarded to : 1.

The Assessee 2.

The Department 3.

The CIT(A)-II, Pune 4.

The CIT-II, Pune 5.

D.R. “A” Bench, Pune 6.

Guard File By order // True Copy // Senior Private Secretary, Income Tax Appellate Tribunal, Pune