IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD B BENCH AHMEDABAD , BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER, AND SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER. ITA. NO.195/AHD/2013 (ASSESSMENT YEAR:2008-09) HARISHBHAI VITHALBHAI PATEL C/O. MUKESH M. PATEL & CO., 3-4, VITHALBHAI BHAVAN, NR. S. P. COLONY RLY. CROSSING, AHMEDABAD-13 APPE LLANT VS. ACIT, CIRCLE-2(1), BARODA RESPONDENT PAN: AERPP3795A /BY APPELLANT : NONE /BY RESPONDENT :SHRI N. P. PATEL, SR. D.R. /DATE OF HEARING : 19.05.2016 /DATE OF PRONOUNCEMENT : 25.05.2016 ORDER PER SHAILENDRA KUMAR YADAV, J.M: THIS APPEAL HAS BEEN FILED BY ASSESSEE AGAINST THE ORDER OF COMMISSIONER OF INCOME TAX (APPEALS)-II, BARODA, DA TED 23.11.2012 FOR A.Y. 2008-09. ITA NO.195/AHD/13 A.Y. 08-09 [HARISHBHAI V PATEL VS. ACIT] PAGE 2 2. ON THE DATE OF HEARING I.E. ON 19.05.2016, NONE APPEARED ON BEHALF OF ASSESSEE NOR FILED ANY ADJOURNMENT PETITI ON. THIS SHOWS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTIN G THIS APPEAL. 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 25 TH DAY OF MAY, 2016. SD/- SD/- (ANIL CHATURVEDI) (SHAILENDRA KUMAR YADAV) ACCOUNTANT MEMBER JUDICIAL MEMBE R AHMEDABAD: DATED 25/05/2016 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&