IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH : CHENNAI [BEFORE SHRI N.S. SAINI, ACCOUNTANT MEMBER AND SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER] I.T.A.NO. 1171/MDS/2012 ASSESSMENT YEAR : 2008-09 SHRI G.SHANMUGAM ROOM NO.18, FIRST FLOOR NEW NO.70 OLD NO.298 THAMBU CHETTY STREET CHENNAI 600 001 VS THE ACIT BUSINESS CIRCLE IX CHENNAI [PAN AZMPS3773M ] (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI SHAJI P. JACOB, ADDL. CIT DATE OF HEARING : 31-07-2012 DATE OF PRONOUNCEMENT : 31-07-2012 O R D E R PER N.S. SAINI, ACCOUNTANT MEMBER THIS IS AN APPEAL FILED BY THE ASSESSE E AGAINST THE ORDER OF THE CIT(A)-IX, CHENNAI, DATED 16.2.2012. 2. WHEN THE MATTER WAS CALLED ON FOR HEARING, NOBODY A PPEARED ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT FILED. FROM THE ACKNOWLEDGEMENT CARD OF THE POST OFFICE P LACED ON RECORD, IT IS TRANSPIRED THAT THE ASSESSEE HAS RECEIVED T HE NOTICE OF HEARING I.T.A.NO.1171/12 :- 2 -: ON 06.06.2012. IT IS, THEREFORE, INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL WHICH IS HEREBY DISMISSED FOR NON- PROSECUTION FOLLOWING THE ORDER OF THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF CIT VS MULTIPLAN INDIA (P) LTD (1991) 3 8 ITD 320(DEL.) AND ALSO THE JUDGMENT OF HON'BLE BOMBAY HIGH COURT IN T HE CASE OF CHEMIPOL VS UOI IN CENTRAL EXCISE APPEAL NO.62 OF 2 009, ORDER DATED 17 TH SEPTEMBER, 2009. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED FOR WANT OF PROSECUTION. ORDER PRONOUNCED ON TUESDAY, THE 31 ST OF JULY, 2012, AT CHENNAI. SD/- SD/- (SATBEER SINGH GODARA) JUDICIAL MEMBER (N.S.SAINI) ACCOUNTANT MEMBER DATED: 31 ST JULY, 2012 RD COPY TO: APPELLANT/RESPONDENT/CIT(A)/CIT/DR