IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES, A, MUMBAI BEFORE SHRI R V EASWAR, PRESIDENT AND SHRI R K PANDA, ACCOUNTANT MEMBER I T A NO: 2424/MUM/2010 (ASSESSMENT YEAR: 2006-07) M/S ACTIFIT (INDIA) PVT. LTD., MUMBAI APPELLANT (PAN: AAFCA0285M) VS. ASSISTANT COMMISSIONER OF INCOME TAX RESPONDENT CIRCLE 18(1), MUMBAI APPELLANT BY: NONE RESPONDENT BY: MS ASHIMA GUPTA O R D E R R V EASWAR, PRESIDENT: NOTICE POSTING THE APPEAL FOR HEARING ON 21 ST APRIL 2011 AND SENT TO THE ASSESSEE BY RPAD TO THE ADDRESS GIVEN I N FORM NO.36, HAS NOT EVOKED ANY RESPONSE FROM THE ASSESSEE. EAR LIER WHEN THE APPEAL WAS POSTED FOR HEARING ON 21 ST FEBRUARY 2011 ALSO THERE WAS NO APPEARANCE BY THE ASSESSEE. IT IS THEREFORE INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPE AL WHICH IS HEREBY DISMISSED FOR NON-PROSECUTION FOLLOWING THE ORDER OF THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF CIT VS. MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 (DEL). ORDER PRONOUNCED IN THE OPEN COURT AT THE TIME OF THE HEARING ON 21 ST APRIL 2011. SD/- SD/- (R K PANDA) (R V EASW AR) ACCOUNTANT MEMBER PRESIDENT MUMBAI, DATED 21 ST APRIL 2011 SALDANHA ITA NO: 2424/MUM/2010 2 COPY TO: 1. M/S ACTIFIT (INDIA) PVT. LTD. C/O MR MILAN H HARIA 2, 3 NAV CHITRAKOOT CHS LTD. 15 TH ROAD, KHAR (WEST) MUMBAI 400 052 2. ACIT, CIRCLE 18(1), MUMBAI 3. CIT-9, MUMBAI 4. CIT(A)-19, MUMBAI 5. DR A BENCH TRUE COPY BY ORDER ASSTT. REGISTRAR, ITAT, MUMBAI