, , IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, AHMEDABAD BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBER ./ I.T.A. NO.227/AHD/2016 ( / ASSESSMENT YEAR : 2009-10) KUNAL PUMPS PVT.LTD. A-49-A ARYAMAN BUNGLOWS THALTEJ, SHILAJ ROAD SHILAJ, AHMEDABAD / VS. THE ADDL. CIT (TDS) AHMEDABAD ./ ./ PAN/GIR NO. : AABCK 4683 K ( / APPELLANT ) .. ( / RESPONDENT ) / APPELLANT BY : NONE / RESPONDENT BY : SHRI O.P. CHAUDHARY, DR / DATE OF HEARING 05/05/2016 !'# / DATE OF PRONOUNCEMENT 09/05/2016 / O R D E R THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX (APPEALS)-III, AHMEDABAD DATED 19.09.2013 FOR ASSESSMENT YEAR 2009-10. 2. NOTICE OF HEARING WAS SENT TO THE ASSESSEE ON 0 5/04/2016 THROUGH RPAD FIXING THE DATE OF HEARING ON 05.05.2016 (AS PER EV IDENCE ON RECORD). AT THE TIME OF HEARING, NONE APPEARED ON BEHALF OF ASSESSEE NOR ANY APPLICATION HAS BEEN FILED FOR SEEKING ADJOURNM ENT. THIS SHOWS THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING WITH ITS APPEAL. THEREFORE, IN ITA NO.227/AHD/2016 KUNAL PUMPS PVT.LTD. VS. ADDL.CIT(TDS) ASST.YEAR 2009-10 - 2 - VIEW OF THE DECISION OF HON'BLE MADHYA PRADESH HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT (1997) 2 23 ITR 480 (M.P.) AND THE DECISION OF HON'BLE DELHI TRIBUNAL IN THE C ASE OF CIT VS. MULTIPLAN INDIA (PVT.) LTD., 38 ITD 320 (DELHI), W E DISMISS THE APPEAL OF THE ASSESSEE IN LIMINE . 3. THE ASSESSEE MAY, IF SO ADVISED, FILE AN APPLICA TION BEFORE THIS TRIBUNAL FOR RESTORATION OF ITS APPEAL AND HEARING ON MERITS BY SHOWING REASONABLE CAUSE FOR NOT APPEARING BEFORE THE TRIBU NAL ON THE DATE OF HEARING. THE BENCH, IF SO SATISFIED, MAY RECALL IT S ORDER AND RESTORE THE APPEAL TO ITS ORIGINAL NUMBER FOR HEARING ON MERITS . 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED IN LIMINE . ORDER PRONOUNCED IN THE COURT ON 9 TH MAY, 2016 AT AHMEDABAD. SD/- ( SHAILENDRA KUMAR YADAV ) JUDICIAL MEMBER AHMEDABAD; DATED 09 / 05 /2016 &.., .(../ T.C. NAIR, SR. PS !'#$#! / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. )*+ , / CONCERNED CIT 4. , ( ) / THE CIT(A)-III, AHMEDABAD 5. /01 ((*+ , *+# , ) / DR, ITAT, AHMEDABAD 6. 145 6 / GUARD FILE. / BY ORDER, / ( //TRUE COPY// / ( DY./ASSTT.REGISTRAR) , / ITAT, AHMEDABAD