IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH B AHMEDABAD BEFORE SHRI T.K. SHARMA, JUDICIAL MEMBER AND SHRI A.K.GARODIA, ACCOUNTANT MEMBER ITA NO.1404/AHD/2009 ASSESSMENT YEAR:2005-06 DATE OF HEARING:27.4.11 DRAFTED:.27.4.11 IBRAHIMBHAI KADARBHAI LANGDA, SAVARKUNDLA ROAD, RANNADE MARBLE, AT: MAHUVA, DIST. BHAVNAGAR PAN NO.ACAPL6536G V/S. INCOME TAX OFFICER, WARD-2(4), BHAVNAGAR (APPELLANT) .. (RESPONDENT) APPELLANT BY :- NONE RESPONDENT BY:- SHRI K MADHUSUDAN, SR-DR O R D E R PER T.K. SHARMA, JUDICIAL MEMBER:- THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER DA TED 29-01-2009 OF LD. COMMISSIONER OF INCOME(APPEALS)-XX, AHMEDABA D FOR ASSESSMENT YEAR 2005-06. 2. AT THE OUTSET, IT IS NOTICED THAT THE ASSESSEE H AS BEEN ISSUED A NOTICE FIXING THE HEARING FOR 17-03-2011 BUT THE NO TICE RETURNED UNSERVED BY THE POSTAL AUTHORITIES AND THE ASSESSEE HAS NOT GIVEN ANY NEW ADDRESS. ACCORDINGLY, WE ARE OF THE VIEW THAT THE ASSESSEE SEEMS NOT INTERESTED IN ATTENDING THE HEARING OR FOR PROSECUT ION OF APPEAL. ACCORDINGLY, THIS APPEAL OF THE ASSESSEE IS DISMISS ED FOR NON PROSECUTION AT THE END OF THE ASSESSEE. ITA 1404/AHD/2009 A.Y. 2005-06 IBRAHIMBHAI K LANGDA V. ITO WD-2(4) BNG PAGE 2 3. IN VIEW OF THIS FACTS, IT IS CLEAR THAT THE ASSE SSEE IS NOT INTERESTED IN PROSECUTING THIS APPEAL, AND IS ACCORDINGLY, FOL LOWING THE DECISION OF THE MULTIPLAN (INDIA) (P) LTD., (38 ITD 320) , WE DISMISS THE APPEAL FILED BY THE ASSESSEE FOR WANT OF PROSECUTION. 4. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED FOR NON- PROSECUTION. ORDER PRONOUNCED IN OPEN COURT ON 27/04/2011 SD/- SD/- (A.K.GARODIA) (T.K. SHARMA) (ACCOUNTANT MEMBER) (JUDICIAL MEMBER) AHMEDABAD, DATED : 27/04/2011 *DKP COPY OF THE ORDER FORWARDED TO :- 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT(APPEALS)-XX, AHMEDABAD 4. THE CIT CONCERNS. 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER, /TRUE COPY/ DEPUTY / ASSTT.REGISTRAR ITAT, AHMEDABAD