ITA NO. 3067 OF 2011 SELVEL PUBLICITY & CONSULOTANTS P LTD MUMBAI-MULTI PAGE 1 OF 2 IN THE INCOME TAX APPELLATE TRIBUNAL 'E' BENCH, MUMBAI BEFORE SHRI R.S. SYAL, ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO.3067/MUM/2011 (ASSESSMENT YEAR: 2008-09) SELVEL PUBLICITY & CONSULTANTS (P) LTD 194, 4 TH FLOOR, RAVINDRA ANNEXE, DINSHA VACCHA ROAD, CHURCHGATE VS ADD. CIT, RANGE 1 (3) ROOM NO.547, AAYAKAR BHAVAN, MK ROAD 5 TH FLOOR MUMBAI 400020 MUMBAI 400020 PAN NO: AAACS 6699 A (APPELLANT) (RESPONDENT) ASSESSEE BY: NONE DEPARTMENT BY: SHRI K.G. KUTTY, DR DATE OF HEARING: 09/05/2012 DATE OF PRONOUNCEMENT: 09/05/2012 O R D E R PER VIVEK VARMA, J.M. THIS APPEAL HAS BEEN FILED BY THE ASSESSEE ON 18.04 .2011 AGAINST THE ORDER OF THE LEARNED CIT(A)-2, MUMBAI D ATED 25.01.2011 IN RELATION TO ASSESSMENT ORDER UNDER SECTION 143(3 ) OF THE ACT FOR A.Y. 2007-08. 2. THIS APPEAL WAS FIXED FOR HEARING ON 19.9.2011. A DEFECT MEMO WAS ISSUED TO ASSESSEE ON 4.1.2012. HOWEVER, ON THE DATES WHEN THIS APPEAL WAS CALLED UPON FOR HEARING (13/02 /2012 & 09/05/2012) NO ONE APPEARED ON BEHALF OF THE ASSESS EE. THERE IS ALSO NO APPLICATION OR REQUEST FOR ADJOURNMENT. IT THEREFORE APPEARS TO US THAT THE ASSESSEE IS NOT SERIOUS ABOU T PURSING THIS APPEAL. HENCE FOLLOWING THE DECISION OF THE TRIBUNA L IN THE CASE OF ITA NO. 3067 OF 2011 SELVEL PUBLICITY & CONSULOTANTS P LTD MUMBAI-MULTI PAGE 2 OF 2 CIT VS. MULTIPLAN INDIA (P) LTD., REPORTED IN 38 IT D 320 (DEL), AS ALSO THE DECISION OF THE HONBLE MADHYA PRADESH HIG H COURT IN THE CASE OF ESTATE OF LATE TUKOJIRAO HOLKAR VS. CWT, RE PORTED IN 223 ITR 480 (MP), AND FURTHER THE DECISION OF THE HONBLE B OMBAY HIGH COURT DATED 17.09.2010 IN THE CASE OF M/S. CHEMIPOL VS. UNION OF INDIA IN CENTRAL EXCISE APPEAL NO. 62 OF 2009, WE DISMISS THIS APPEAL AS UN-ADMITTED FOR WANT OF PROSECUTION BY TH E ASSESSEE. 3. IN THE RESULT, ASSESSEES APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH MAY, 2012. SD/- SD/- (R.S. SYAL) (VIVEK VARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DATED 9 TH MAY, 2012. VNODAN/SPS COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CONCERNED CIT(A) 4. THE CONCERNED CIT 5. THE DR, E BENCH, ITAT, MUMBAI BY ORDER ASSISTANT REGISTRAR INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI