-1- IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH 'C' BEFORE SHRI MUKUL KR. SHRAWAT - JM AND SHRI T R MEENA - AM ITA NO.2988/AHD/2011 (ASSESSMENT YEAR:-2008-09) SHRI PARESHBHAI RAMESHCHANDRA VYAS, 407, DEVPATH COMPLEX, BEHIND LAL BUNGLOW, C.G. ROAD, AHMEDABAD V/S THE INCOME-TAX OFFICER, WARD-10(4), AHMEDABAD PAN: ACLPV 1209 M [APPELLANT] [RESPONDENT] ASSESSEE BY :- NONE REVENUE BY:- SHRI H K LAL, SR. DR DATE OF HEARING:- 21-03-2012 DATE OF PRONOUNCEMENT:- 21-03-2012 O R D E R PER MUKUL KR. SHRAWAT(JM) :- THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER DATED 05-09- 2011 PASSED BY THE LEARNED COMMISSIONER OF INCOME-TAX(APPEALS)-XVI , AHMEDABAD FOR ASSESSMENT YEAR 2008-09. IN ORDER TO PROCEED IN THE MATTER A NOTICE OF HEARING WAS SENT TO THE ASSE SSEE BY REGISTERED POST (AD ON RECORD) WHICH WAS DULY SERVE D ON THE ASSESSEE, AS IS EVIDENT FROM THE AD CARD. HOWEVER, SINCE NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY APPLICAT ION HAS BEEN RECEIVED FOR ADJOURNMENT, IT IS PRESUMED THAT THE A SSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL. THEREFORE, IN VI EW OF THE HON'BLE MADHYA PRADESH HIGH COURT DECISION IN THE C ASE OF 2 2 TUKOJIRAO HOLKAR 223 ITR 480 AND THE DELHI TRIBUNAL DECISION IN THE CASE OF MULTIPLAN INDIA PVT. LTD. 38 ITD 320, W E DISMISS THE APPEAL OF THE ASSESSEE FOR NON-PROSECUTION. ORDER PRONOUNCED IN THE COURT TODAY ON 21-03-2012 SD/- SD/- (T R MEENA) ACCOUNTANT MEMBER (MUKUL KR. SHRAWAT) JUDICIAL MEMBER DATE : 21-03-2012 COPY OF THE ORDER FORWARDED TO: 1. SHRI PARESHBHAI RAMESHCHANDRA VYAS, 407, DEVPATH COMPLEX, BEHIND LAL BUNGLOW, C.G. ROAD, AHMEDABAD- 380009 2. THE INCOME-TAX OFFICER, WARD-10(4), AHMEDABAD 3. CIT CONCERNED 4. CIT(A)-XVI, AHMEDABAD 5. DR, ITAT, AHMEDABAD BENCH-C, AHMEDABAD 6. GUARD FILE BY ORDER DEPUTY REGISTRAR ASSISTANT REGISTRAR ITAT, AHMEDABAD