1 ITA NO. 1353/KOL/2016-D-JM MALAY DOLUI IN THE INCOME TAX APPELLATE TRIBUNAL, D BENCH KOLKATA BEFORE : SHRI M.BALAGANESH, ACCOUNTANT MEMBER AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER I.T.A. NO. 1353/KOL/2016 A.Y: 2009-10 MALAY DOLUI VS. I.T.O WARD 27(1),HALDIA PAN: AGMPD 0291Q (APPELLANT) (RESPONDENT) APPEARANCES BY: NONE APPEARED ON BEHALF OF THE ASSESSEE/ ADJ. PETITION NOT FI LED SHRI AMITAVA BHATTACHARYA, JCIT, LD.SR.DR FOR THE R EVENUE DATE OF HEARING : 29-11- 2016 DATE OF PRONOUNCEMENT : 29-11- 2016 O R D E R SHRI S.S. VISWANETHRA RAVI, JM :- THIS AN APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), 7, KOLKATA D ATED 28/04/2016 FOR THE ASSESSMENT YEAR 2009-10. 2. INSPITE OF SERVICE OF NOTICES FOR THE HEARING ON VARIOUS DATES FIXED BY THE BENCH NONE APPEARED ON BEHALF OF THE ASSESSEE N OR ANY ADJOURNMENT PETITION WAS FILED. IT APPEARS THAT THE ASSESSEE I S NOT INTERESTED IN PROSECUTING HIS CASE. IN VIEW OF THE ABOVE, FOLLOWI NG THE DECISIONS OF THE ITAT, DELHI BENCH IN THE CASE OF MULTIPLAN INDIA (P ) LIMITED REPORTED IN 38 ITD 320(DEL) AND HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE 2 ITA NO. 1353/KOL/2016-D-JM MALAY DOLUI OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN (223 I TR 480(MP), WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PR OSECUTION. 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 29-11 -2016. SD/- SD/- M.BALAGANESH S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 29/11/2016 1. THE APPELLANT/ASSESSEE: SHRI MALAY DOLUI, BASUD EVPUR, P.O KHANJANCHAK, HALDIA, PURBA MEDINIPUR 721602. 2 . THE RESPONDENT/DEPARTMENT: THE INCOME TAX OFFICER, WARD 27 ( 1 ) KHANJANCHAK, HALDIA, PURBA MEDINIPUR 721602. 3. CIT 4. CIT(A) 5. THE DEPARTMENTAL REPRESENTATIVE 6. GUARD FILE TRUE COPY B Y ORDER ASSISTANT REGIS TRAR ** PRADIP SPS INCOME TAX APPELLATE TRI BUNAL KOLKAT A BENCHES, KOLKATA C OPY OF THE ORDER FORWARDED TO: -