IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD C BENCH BEFORE: SHR I PRAMOD KUMAR , ACCOUNTANT MEMBER AND SHRI MAHAVIR PRASAD, JUDICIAL MEMBER M/S. SHREE SHYAM CORPORATION, 10, MOHINI PARK, NR. SARDAR BRIDGE, ADAJA N , SURAT PAN: AAYFS9772P (APPELLANT) VS THE ADDL. COMMISSIONER OF INCOME TAX - RANGE - 3, SURAT (RESPONDENT) REVENUE BY : S H RI SUMIT KR. VERMA , SR. D . R. ASSESSEE BY: NONE DATE OF HEARING : 08 - 11 - 2 016 DATE OF PRONOUNCEMENT : 09 - 11 - 2 016 / ORDER P ER : MAHAVIR PRASAD, JUDICIAL MEMBER : - THIS IS AN AP PEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME TAX(APPEALS) - IV, SURAT DATED 19 - 03 - 2013. I T A NO . 1412 / A HD/20 13 A SSESSMEN T YEAR 200 9 - 10 I.T.A NO. 1412 /AHD/20 13 A.Y. 2009 - 10 PAGE NO M/S. SHREE SHYAM CORPORATION VS. ACIT 2 2. A PERUSAL OF THE CASE FILES REVEALS THAT R EGISTRY HAS ISSU ED RPAD NOTICE ON 26/08/2016 TO ASSESSEE FIXING DATE OF HEARING FOR TODA Y I.E. 08 / 1 1/2016. IT HAS NOT COME PRESENT . THUS, WE DISMISS THIS APPEAL FOR NON - PROSECUTION IN VIEW OF HON'BLE MADHYA PRADESH HIGH COURT DECISION I N ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT (1997) 223 ITR 480 (M.P.) AND THAT OF TRIBUNAL IN CIT VS. MULTI PLAN INDIA (PVT.) LTD., 38 ITD 320 (DELHI) . ORDERED ACCORDINGLY. 3. THIS ASSESSEE S APPEAL IS DISMISSED. ORDER PR ONOUNCED IN THE OPEN C OURT ON 09 - 11 - 201 6 SD/ - SD/ - ( PRAMOD KUMAR ) ( MAHAVIR PRASAD ) ACCOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD : DATED 09 /11 /2016 AK / COPY OF ORDER FORWARDED TO: - 1. ASSESSEE 2. REVENUE 3. CONCERNED CIT 4. CIT (A) 5. DR, ITAT, AHMEDABAD 6. GUARD FILE. BY ORDER/ , / ,