ITA NO 2596/ AHD/2010 . A.Y. 2005- 06 1 IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH, AHMEDABAD (BEFORE SHRI MUKUL KR. SHRAWAT,J.M. & SHRI N. S. SA INI, A.M.) I.T. A. NO. 2596 /AHD/2010 (ASSESSMENT YEAR:2005-06) VITTHALBHAI MADHAVDAS PATEL, MADHAVNAGAR, SOMAJI PATI, AT & POST: SUNDHIYA TAL. VADNAGAR. (APPELLANT) VS. THE ITO, MEHSANA WARD-4 MEHSANA (RESPONDENT) PAN: AGHPP7171J APPELLANT BY : NONE RESPONDENT BY : SHRI J.P. JHANGID, SR. D.R. ( )/ ORDER DATE OF HEARING : 10-10-20 13 DATE OF PRONOUNCEMENT : 10-10-2013 PER SHRI N.S. SAINI, A.M. 1. THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE OR DER OF CIT(A), GANDHINAGAR DATED 24.06.2010. 2. NOTICE OF HEARING OF THE APPEAL WAS SENT BY REGISTE RED POST WITH ACKNOWLEDGEMENT DUE ON 24.09.2013 FIXING THE DATE O F HEARING ON 10.10.2013. THE SAID NOTICE WAS SERVED ON THE ASSES SEE ON 01.10.2013 AS ITA NO 2596/ AHD/2010 . A.Y. 2005- 06 2 EVIDENCED BY THE ACKNOWLEDGEMENT CARD OF THE POST O FFICE PLACED ON RECORD. WHEN THE CASE WAS CALLED FOR HEARING, NONE APPEARED ON BEHALF OF THE ASSESSEE AND NEITHER ANY ADJOURNMENT PETITION W AS FILED. THIS SHOWS THAT THE ASSESSEE IS NOT SERIOUS ABOUT THE PROSECUT ION OF ITS APPEAL. HENCE, THE APPEAL FILED BY THE ASSESSEE IS DISMISSE D FOR WANT OF PROSECUTION BY FOLLOWING THE DECISION IN THE CASE O F CIT VS. MULTIPLAN INDIA (PVT.) LTD., 38 ITD 320 (DEL). 3. THE ASSESSEE SHALL BE AT LIBERTY TO FILE AN APPLICA TION FOR RESTORATION OF ITS APPEAL BY SHOWING CAUSE AS TO WHY IT FAILED TO APPE AR BEFORE THE TRIBUNAL ON THE DATE OF HEARING. 4. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMIS SED. ORDER PRONOUNCED IN THE COURT AT THE CLOSE OF THE H EARING ON 10.10.2013. SD/- SD/- (MUKUL KR. SHRAWAT) (N.S. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER AHMEDABAD. TRUE COPY RAJESH COPY OF THE ORDER FORWARDED TO: - 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT (APPEALS) 4. THE CIT CONCERNED. 5. THE DR., ITAT, AHMEDABAD. 6. GUARD FILE. BY ORDER DEPUTY/ASSTT.REGISTRAR ITAT ,AHMEDABAD