, , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER ./ ITA.NO.1135/AHD/2013 / ASSTT. YEAR: 2009-2010 SHRI KANTIBHAI JIVANBHAI PATEL GUNDI FALIA, KUMBHARIA DIST. SURAT PAN : AXUPP 0926 B VS ITO, WARD - 6(2) SURAT. ! / (APPELLANT) '# ! / (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI DINESH SINGH, SR.DR / DATE OF HEARING : 20/06/2016 / DATE OF PRONOUNCEMENT: 11/07/2016 $%/ O R D E R THE ASSESSEE IS IN APPEAL BEFORE THE TRIBUNAL AGAIN ST THE ORDER OF THE LD.CIT(A)-I, SURAT DATED 13.02.2013 PASSED FOR THE ASSTT.YEAR 2009-10. 2. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE T IME OF HEARING. NOTICE OF HEARING WAS SENT TO THE ASSESSEE BY REGISTERED P OST, WHICH HAS BEEN RETURNED BY THE POSTAL AUTHORITY WITH THE REMARK L EFT. THE ASSESSEE HAS NEITHER INTIMATED ANY CHANGE OF ADDRESS NOR FILED A NY PAPER BOOKS. THUS, IT APPEARS THAT THE ASSESSEE IS NOT SERIOUS IN PURSUIN G WITH ITS APPEAL, AND THEREFORE, BY FOLLOWING THE DECISION OF THE ITAT, D ELHI BENCH IN CIT VS. MULTIPLAN INDIA PVT. LTD., 38 ITD 320 (DELHI), I DI SMISS THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. 3. IN THE RESULT, THE APPEAL ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE COURT ON 11 TH JULY, 2016 AT AHMEDABAD. SD/- (RAJPAL YADAV) JUDICIAL MEMBER AHMEDABAD; DATED 11/07/2016