IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD , BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI N. K. BILLAIYA , ACCOUNTANT MEMBER. ITA. NO.1701/AHD/2013 (ASSESSMENT YEAR:2009-10) ABDUSSALAM JAISHMOHMMAD CHAUDHARY B/202, GOKULNAGAR CO.OP. SOIETY, KOPARLI ROAD, VAPI APPELLANT VS. INCOME TAX OFFICER, VAPI, WARD-1, VAPI RESPONDENT PAN: AELPC7824D /BY APPELLANT : NONE /BY RESPONDENT :SHRI NARENDRA SINGH, SR. D.R. /DATE OF HEARING : 31.05.2016 /DATE OF PRONOUNCEMENT : 31.05.2016 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS), VALSAD, DATED 29.03.2012 FOR A.Y. 2009-10. ITA NO.1701/AHD/13 A.Y. 09-10 [ABDUSSALAM J. CHAUDHARY VS. ITO] PAGE 2 2. AT THE OUTSET, IT IS SEEN FROM THE RECORDS THAT NOT ICE HAS BEEN ISSUED TO THE ASSESSEE ON 03.05.2016, HOWEVER, ON THE DATE OF HEARING I.E. 31.05.2016 NONE APPEARED ON BE HALF OF ASSESSEE NOR FILED ANY ADJOURNMENT PETITION. THIS SHOWS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THIS APPE AL. 2.1 IN VIEW OF THESE FACTS, IT IS CLEAR THAT THE AS SESSEE IS NOT INTERESTED IN PROSECUTING THIS APPEAL, AND ACCORDIN GLY, FOLLOWING THE DECISION OF THE MULTIPLAN (INDIA) (P) LTD., (38 ITD 320), WE DISMISS THIS APPEAL FILED BY ASSESSEE FOR WANT OF P ROSECUTION. THE ASSESSEE SHALL HOWEVER BE AT LIBERTY TO APPROACH TH E TRIBUNAL FOR RECALLING OF THIS ORDER, IF PREVENTED BY SUFFICIENT CAUSE FOR NON- APPEARANCE ON THE DATE OF HEARING. 3. AS A RESULT, APPEAL FILED BY ASSESSEE IS DISMISS ED FOR NON PROSECUTION. PRONOUNCED IN THE OPEN COURT ON THIS THE 31 ST DAY OF MAY, 2016. SD/- SD/- (N. K. BILLAIYA) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBE R AHMEDABAD: DATED 31/05/2016 TRUE COPY S.K.SINHA / COPY OF ORDER FORWARDED TO:- / REVENUE 2 / ASSESSEE $%&%'( ) / CONCERNED CIT 4 )- / CIT (A) ,-./00'(1 '(123& / DR, ITAT, AHMEDABAD 4/5678 / GUARD FILE. BY ORDER / 1 /2% '(123&