1 IN THE INCOME TAX APPELLATE TRIBUNAL, C-BENCH, AHMEDABAD. BEFORE:SHRI G.D. AGARWAL, VICE PRESIDENT, AND SHRI BHAVNESH SAINI, JUDICIAL MEMBER ITA NO.2618/AHD/2008 & 2619/AHD/2008 (ASSESSMENT YEAR 1998-1999 & 1999-2000) M/S. KRISHNA CORPORATION GYANI MANZIL, ZAMPA BAZAR, SURAT. VERSUS ITO, WARD 5(2), SURAT. (APPELLANT) (RESPONDENT) PAN: AADFK 0009 L FOR THE APPELLANT: NONE FOR THE RESPONDENT SMT. NEETA SHAH, D.R. ORDER PER G.D. AGARWAL, VICE-PRESIDENT: THESE APPEALS BY THE ASSESSEE ARE AGAINST THE ORDER DATED 24-03-2008, PASSED BY LD. C OMMISSIONER OF INCOME TAX(APPEALS)-III, SURAT. 2. DESPITE THE SERVICE OF NOTICE THROUGH REGISTERED POST, ON THE DATE OF HEARING I.E. TODAY ON 22-03-2010, NEITHER ANYBODY A PPEARED FROM THE SIDE OF THE ASSESSEE, NOR AN APPLICATION FOR ADJOURNMENT RE CEIVED. THEREFORE, IT IS PRESUMED THAT ASSESSEE IS NOT INTERESTED IN PURSUIN G THE APPEAL IN VIEW OF THE HON'BLE MADHYA PRADESH HIGH COURT DECISION IN THE C ASE OF TUKOJIRAO HOLKAR 223 ITR 480 AND THE DELHI TRIBUNAL DECISION IN THE CASE OF MULTIPLAN INDIA PRIVATE LIMITED 38 ITD 320. ACCORDINGLY, WE DISMISS THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. 3. IN THE RESULT, THE APPEALS OF THE ASSESSEE ARE D ISMISSED. THIS ORDER IS PRONOUNCED IN OPEN COURT ON DATED 22 ND MARCH, 2010. /- SD/- SD/- (BHAVNESH SAINI) (G.D. AGARWAL) JUDICIAL MEMBER VICE PRESIDENT AHMEDABAD; DATED: 22/03/2010 ANKIT* 2 ITA NO.2618/AHD/2008 & 2619/AHD/2008 (ASSESSMENT YEAR 1998-1999 & 1999-2000) COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) CONCERNED 4. THE CIT, 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, ASSTT. REGISTRAR/ DEPUTY REGISTRAR ITAT, AHMEDABAD BENCHES, AHMEDABAD.