IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G MUMBAI BEFORE SHRI A.L.GEHLOT, AM & SMT. P.MADHAVI DEVI, JM I.T.A.NO.1296/MUM/2009 - A.Y 2001-02 MR. YUVRAJ MALHOTRA, 701, PALM SPRING, NEXT TO D- MART, LINKING RD., MALAD [WEST], MUMBAI 400 064 PAN NO.AALPM 1269 L ASST. COMMISSIONER OF I.T., RANGE 25(3), MUMBAI (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI RAJNISH PARMAR. O R D E R PER P.MADHAVI DEVI, JM: THIS APPEAL OF THE ASSESSEE IS DIRECTED AGAINST CI T(A)S ORDER DATED 2-12-2008. 2. THE APPEAL WAS FIXED FOR HEARING ON 9-10-09, 13- 11-09 AND 29-12-09 BUT AS THE BENCH DID NOT FUNCTION THE SAME WAS ADJOURNED. LAST HEARING WAS FIXED FOR 23-2-10 AND THE PARTIES WERE INFORMED THROUGH THE NOTICE BOARD. HOWEVER, AT THE TIME OF H EARING NONE APPEARED ON BEHALF OF THE ASSESSEE NOR THERE WAS AN Y APPLICATION FOR ADJOURNMENT. THEREFORE, IT IS PRESUMED THAT THE ASS ESSEE IS NOT SERIOUS ABOUT PURSUING HIS APPEAL. HENCE FOLLOWING THE DECI SION OF THE ITAT DELHI BENCH, IN THE CASE OF MULTIPLAN (INDIA) LTD., 38 ITD 320 WE DISMISS THE APPEAL IN LIMINE. ORDER PRONOUNCED ON THIS 22 ND DAY OF FEBRUARY, 2010. SD/- SD/- (A.L.GEHLOT) (P.MADHAVI DEVI) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI: 22 ND FEBRUARY, 2010. P/-*