1 ITA NO. 2391/KOL//2013- C-JM-MP VIKAS KUMAR BHALOTIA IN THE INCOME TAX APPELLATE TRIBUNAL, C BENCH, K OLKATA BEFORE : SHRI P.M. JAGTAP, ACCOUNTANT MEMBER, AND SHRI S.S.VISWANETHRA RAVI, JUDICIAL MEMBER ITA NO. 2391/KOL/2013 ASSESSMENT YEAR: 2009-10 VIKAS KUMAR BHALOTIA VS. J.C.I.T, RANGE-38, KOLK ATA PAN: ADUPB 1341C (APPELLANT) (RESPONDENT) FOR THE APPELLANT/ASSESSEE; NONE APPEARED/A DJ.PETITION NOT FILED FOR THE RESPONDENT/DEPARTMENT: SHRI MRINAL KANTI BISWAS, JCIT, LD.SR.DR DATE OF HEARING: 11-05-2016 DATE OF PRONOUNCEMENT: 11-05-201 6 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. 1106/CIT(A)-XXIV/38(4)/12-13 DATED 29-07-2013 FOR T HE ASSESSMENT YEAR 2009- 10. 2. ON THE DATE OF HEARING NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT PETITION WAS FILED. IT ASSUMES THAT T HE ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS CASE. IN VIEW OF THE ABOVE, FOLLOW ING THE DECISIONS OF THE ITAT, DELHI BENCH IN THE CASE OF MULTIPLAN INDIA (P) LIMI TED REPORTED IN 38 ITD 2 ITA NO. 2391/KOL//2013- C-JM-MP VIKAS KUMAR BHALOTIA 320(DEL) AND HONBLE M.P HIGH COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT REPORTED IN (223 ITR 480(MP), WE DI SMISS THE APPEAL OF THE ASSESSEE IN LIMINE FOR NON PROSECUTION. 3. IN THE RESULT THE APPEAL OF THE ASSESSEE IS DIS MISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 11-05-2016 1. THE APPELLANT/ASSESSEE: VIKAS KUMAR BHALOTIA P ROP: VEE KAY EXPORTS 94 C.R AVENUE, KOLKATA-700 012. 2 THE RESPONDENT/DEPARTMENT- THE JOINT COMMISSION ER OF INCOME TAX, RANGE 38, 18 RABINDRA SARANI, KOL-1. 3 /THE CIT, 4.THE CIT(A ) 5. DR, KOLKATA BENCH 6. GUARD FILE. TRUE COPY, BY ORDER, ASSTT REGISTRAR **PRADIP/SPS SD/- ( P.M. JAGTAP, ACCOUNTANT MEMBER ) SD/- ( S.S.VISWANETHRA RAVI, JUDICIAL MEMBER) DATE 11-05-2016 COPY OF THE ORDER FORWARDED TO: