IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI F BENCH BEFORE SHRI T.R.SOOD, ACCOUNTANT MEMBER & SHRI V. D. RAO, JUDICIALMEMBER I.T.A.NO.2975/MUM/2010 A.Y 2005-06 FORMOKEM (INDIA) CORPORATION, 401, NEELKANTH COMMERCIAL CENTRE, PLOT NO.122/123, SAHAR ROAD, ANDHERI (EAST), MUMBAI 400 099. PAN: AAAFF 1627 Q VS. ASST. COMMISSIONER OF I.T. 20(3), MUMBAI. (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI C.G.K.NAIR SR. DR DATE OF HEARING: 08/08/2011 DATE OF PRONOUNCEMENT: 08/08/2011 O R D E R PER T.R.SOOD, AM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER DATED 12/6/2007 OF THE LEARNED COMMISSIONER O F INCOME-TAX (APPEALS)-31MUMBAI AND RELATES TO THE ASSESSMENT YE AR 2005-06. 2. THE APPEAL IN THIS CASE WAS FIXED FOR HEARING ON VA RIOUS OCCASIONS BUT WAS ADJOURNED AS THE BENCH DID NOT FU NCTION. THE HEARING WAS FIXED FOR 08-08-2011 AND THE PARTIES WE RE INFORMED THROUGH NOTICE BOARD. WHEN THE MATTER WAS CALLED UP FOR HEARING ON08-08-2011, NEITHER ANY ONE WAS PRESENT ON BEHALF OF THE ASSESSEE NOR WAS ANY APPLICATION FOR ADJOURNMENT RECEIVED. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL FUR THER. HENCE, 2 FOLLOWING THE DECISION OF THE I.T.A.T. IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL.) AND THE JUDGMENT OF THE HONBLE MADHYA PRADESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR V. CWT (1997) 223 ITR 480(MP), THE APPEAL FILED BY THE ASSESSEE IS DISMIS SED AS UNADMITTED FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON THIS DAY OF 0 8/08/2011. SD/- SD/- (V.D.RAO) (T.R.SOOD) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI: 08/08/2011. P/-*