1 ITA NO . 1929/KOL/2017 M/S. PLAMU DISTRIBUTORS PVT. LTD. IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, KOLKATA BEFORE: SHRI M. BALAGANESH , ACCOUNTANT MEMBER , AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO . 1 929 /KOL/2017 A.Y 20 12 - 13 M/S. PLAMU DISTRIBUTORS VS. INCOME - T AX OFFICER PRIVATE LIMITED WARD 5(2), KOLKATA PAN:A AGC P 5068C (APPELLANT) (RESPONDENT) APPEARANCES BY : NONE APPEARED FOR THE ASSESSEE S HRI A.K. TIWARI, CIT, LD. DR DATE OF HEARING : 1 2 - 09 - 2018 DATE OF PRONOUNCEMENT : 1 2 - 09 - 2018 O R D E R SHRI S.S. VISWANETHRA RAVI, JM : - T HE ABOVE APPEAL FILED BY THE ASSESSEE IS AGAINST THE ORDER DT. 26 - 09 - 2016 OF THE LEARNED COMMISSIONER OF INCOME - TAX (APPEALS), 2 , KOLKATA FOR THE A.Y 2 012 - 13. 2. ON PERUSAL OF RECORD, WE FIND THE REGISTRY FIXED THE APPEAL OF THE ASSESSE E FOR HEARING ON 07 - 08 - 2018 BY ISSUING NOTICE DT. 03 - 07 - 2018 UNDER RPAD AND THE CASE WAS ADJOURNED TO 12 - 09 - 2018 AS NONE APPEARED ON BEHALF OF ASSESSE. TODAY (12 - 09 - 2 018), WHEN THE MATTER WAS CALLED FOR HEARING , NEITHER ANY REPRESENTATIVE ON BEHALF OF ASSESS E E NOR ANY APPLICATION FILED SEEKING ADJOURNMENT. THEREFORE, IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS CASE S . IN VIEW OF THE ABOVE, FOLL OWING THE DECISIONS OF THE ITAT, DELHI BENCH IN 2 ITA NO . 1929/KOL/2017 M/S. PLAMU DISTRIBUTORS PVT. LTD. THE CASE OF MULTIPLAN INDIA (P) LIMITED REPORTED IN 38 ITD 320(DEL) AND HONBLE M ADHYA P RADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR 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 FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 1 2 - 09 - 2018 SD/ - SD/ - M. BALAGANESH S.S.VISWANETHRA RAVI ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 1 2 - 09 - 2018 1. THE APPELLANT/ ASSESSEE: M/S. PLAMU DISTRIBUTORS PRIVATE LIMITED 3 SALKIA PLACE, KOLKATA - 700 072. 2 . THE RESPONDENT/ DEPARTMENT : THE I.T.O, WARD 5(2) , AAYKAR BHAVAN, 8 TH FLOOR, P - 7 CHOWRINGHEE SQUARE, KOLKATA - 69. 3. CIT 4. CIT(A) , 2 , KOLKATA 5. THE DEPARTMENTAL REPRESENTATIVE 6. GUARD FILE TRUE COPY BY ORDER SR.PS/H.O.O ITAT KOLKATA * PRADIP SPS COPY OF THE ORDER FORWARDED TO: -