IN THE INCOME TAX APPELLATE TRIBUNAL BENCH C CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AN D SHRI GEORGE MATHAN, JUDICIAL MEMBER .. C.O. NO.83/MDS/2005 (IN ITA NO. 2552/MDS/2004) ASSESSMENT YEARS : 2001-02 MS. T.P. PUSHPAKUMARI, 9, BAJANAI KOIL STREET, REDHILLS, CHENNAI-600 052. V. THE INCOME-TAX OFFICER, WARD-1(3), TAMBARAM. (PAN: --) (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY : NONE RESPONDENT BY : SHRI B. SRINIVAS O R D E R PER BENCH: THIS CROSS OBJECTION IS FILED BY THE ASSESSEE IN T HE APPEAL FILED BY THE REVENUE IN ITA NO. 2552/MDS/2004 AGAINST THE ORDER OF THE CIT(A). 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF O F THE ASSESSEE. SHRI B. SRINIVAS LEARNED DR REPRESENTED ON BEHALF OF THE RE VENUE. 3. WE HAVE HEARD THE LEARNED DR. NOTICE FOR HEARIN G WAS ISSUED TO THE ASSESSEE BY REGISTERED POST WITH ACKNOWLEDGMENT DUE WHICH WAS RETURNED WITH THE POSTAL REMARK ADD. LEFT. C.O. NO. 83/MDS/05 2 2. IN THE CIRCUMSTANCES, WE ARE OF THE CONSIDERED V IEW THAT THE ASSESSEE SEEMS TO BE NOT INTERESTED IN PROSECUTING THE CASE. HENCE FOLLOWING THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL VIDE ORDER DATED 27-05-1991 IN I.T.A. NO.800/DEL/89 IN THE CASE OF CIT V. MULTIPLAN INDIA P. LTD. REPORTED IN 38 ITD 320 AND THE JUDGMENT OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR REPORTED IN 223 ITR 480 (M.P. ), WE DISMISS THE CROSS OBJECTION FILED BY THE ASSESSEE FOR NON-PROSECUTION . 3. IN THE RESULT, THE CROSS OBJECTION FILED BY THE ASSESSEE IS DISMISSED. 4. THE ORDER WAS PRONOUNCED IN THE COURT ON 10-08-2 010. SD/- SD/- (ABRAHAM P. GEORGE) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 10 TH AUGUST, 2010. H. COPY TO: CROSS OBJECTOR/AO/CIT (A)/CIT/D.R./GUARD F ILE