1 ITA NO.1892/KOL/2013-C-AM M.P- BENGAL WATERPROOF LIMITED IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH : KOLKATA BEFORE SRI WASEEM AHMED, ACCOUNTANT MEMB ER, AND SRI S.S. VISWANETHRA RAVI, JUDICIAL MEMBER I.T. A NO. 1892/KOL/2013 A.Y 2005-06 BENGAL WATERPROOF LIMITED VS. DY. COM MISSIONER OF PAN:AABCB2876 INCOME-TAX, CIR-7, KOLKATA ( APPELLANT ) ( RESPONDENT ) FOR THE APPELLANT /ASSESSEE : NONE APP EARED/ADJ. PETITION NOT FILED FOR THE RESPONDENT/DEPARTMENT : SHRI KALYAN NATH, JCIT LD.SR.DR DATE OF HEARING : 25-05-2016 DATE OF PRONOUNCEMENT: 25-05-2016 ORDER SHRI S.S. VISWANETHRA RAVI, JM : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST ORD ER OF THE LEARNED COMMISSIONER OF INCOME-TAX (APPEALS), XXIV, KOLKATA IN APPEAL NO. 1009/CIT(A)-XXIV/CIR-7/11-12 DATED 28-03-2013 FO R THE ASSESSMENT YEAR 2005-06. 2. THE CASE WAS POSTED FOR HEARING ON 25-05-2016. NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT PETITION WAS FI LED. IT IS FOUND THAT THE NOTICE OF HEARING ON 25-05-2016 HAD RETURNED UNSERVED WITH AN ENDORSEMENT GONE AWAY. IT APPEARS THAT THE ASSESSEE IS NOT INTERE STED IN PROSECUTING HIS CASE. IN VIEW OF THE ABOVE, FOLLOWING THE DECISIONS OF THE ITAT, DELHI BENCH IN THE CASE OF MULTIPLAN INDIA (P) LIMITED REPORTED IN 38 ITD 3 20(DEL) AND HONBLE M.P HIGH 2 ITA NO.1892/KOL/2013-C-AM M.P- BENGAL WATERPROOF LIMITED COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKA R VS. CWT REPORTED IN (223 ITR 480(MP), WE DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE FOR WANT OF PROSECUTION. 3. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DIS MISSED. THIS ORDER IS PRONOUNCED IN OPEN COURT ON DT 25-05 -2016 SD/- ( WASEEM AHMED , ACCOUNTANT MEMBER SD/- S.S. VISWANETHRA RAVI JUDICIAL MEMBER DATE: 25-05-2016 COPY OF THE ORDER FORWARDED TO: 1 . APPELLANT ) : M/S. BENGAL WATERPROOF LIMITED DUCKBACK HOUSE, 4 TH FLOOR, 41 SHAKESPEARE SARANI, KOLKATA-700 017. 2 RESPONDENT ) : THE DEPUTY COMMISSIONER OF INCOME-TAX, CIR-7 AAYKAR BHAWAN, P-7 CHOWRINGHEE SQUARE, KOLKATA-69. 3 . 4. THE CIT, THE CIT(A)- 5 . DR, KOLKATA BENCHES, KOLKATA / TRUE COPY, BY ORDER, ASST. REGISTRAR , ITAT, KOLKATA BENCHES, KOLKATA *PP SR.PS