IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI RAJENDRA, ACCOUNTANT MEMBER ITA NO. 1199/MUM/2011 (ASSESSMENT YEAR:2005-06) RITURAJ HOLDING PRIVATE LIMITED C/O. M.B. AGARWAL 204, CAMY HOUSE 3 DHUS WADI DR. C.H. STREET MUMBAI-400 002. VS. JCIT (OSD) RANHE-3(3) 10, KEVAL KUNJ GULMOHAR CROSS LANE-12 JVPD SCHEME, VILEPARLE (W) MUMBAI-400 049. (APPELLANT) (RESPONDENT) P.A. NUMBER : AAACR 2132 D ASSESSEE BY : NONE REVENUE BY : SHRI S.K. SINGH DATE OF HEARING : 09/10/2013 DATE OF PRONOUNCEMENT : 09/10/2013 O R D E R PER I.P. BANSAL, JM: THIS APPEAL IS FILED BY THE ASSESSEE AND IT IS DIRE CTED AGAINST THE ORDER PASSED BY THE LD. CIT(A) DATED 07.12.2010 FOR THE ASSESSMENT YEAR 2005-06. 2. THE NOTICE FOR HEARING OF THE APPEAL WAS SENT TH ROUGH RPAD FIXING THE DATE OF HEARING ON 09/10/2013, HOWEVER, ON 9 TH OCTOBER, 2013 NONE APPEARED ON BEHALF OF ASSESSEE AND NO APPLICATION F OR ADJOURNMENT WAS ALSO FILED. THEREFORE, IN THE FACTS AND CIRCUMSTANC ES OF THE CASE, WE PRESUME THAT THE ASSESSEE IS NOT INTERESTED IN PROS ECUTING THIS APPEAL. ITA NO.1199/M/11 A.Y.05-06 2 FOLLOWING THE DECISION OF THE TRIBUNAL REPORTED IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. 38 ITD 320 (DEL.) AND THE DECISION OF THE HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT (223 ITR 480) , WE DISMISS THE APPEAL FILED BY THE ASSESSEE IN LIMINE. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH OCTOBER, 2013. SD/- SD/- (RAJENDRA ) ACCOUNTANT MEMBER (I.P. BANSAL ) JUDICIAL MEMBER MUMBAI, DATED: 09/10/2013. JV. COPY TO: THE APPELLANT THE RESPONDENT THE CIT, CONCERNED, MUMBAI THE CIT(A) CONCERNED, MUMBAI THE DR BENCH TRUE COPY BY ORDER DY/ASSTT. REGISTRAR, ITAT, MUMBAI.