IN THE INCOME TAX APPELLATE TRIBUNAL SMC BENCH, MUMBAI BEFORE SHRI R.S.SYAL, ACCOUNTANT MEMBER ITA NO.3501/MUM/2009 : ASST.YEAR 2005-2006 M/S.AMAR APPLIANCE 13 JYOTI APARTMENT, B.P.CROSS ROAD BHAYANDER (EAST), THANE 401105. PA NO.AAAFA5709Q. VS. THE INCOME TAX OFFICER WARD 2(1) THANE. (APPELLANT) (RESPONDENT) APPELLANT BY : --- NONE --- RESPONDENT BY : SHRI S.M.KESHKAMAT O R D E R THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE COMMISSIONER OF INCOME-TAX (APPEALS) ON 13.2.2009 I N RELATION TO THE ASSESSMENT YEAR 2005-2006. 2. HEARING OF THIS APPEAL WAS FIXED ON 04.03.2010. HOWEVER, NONE APPEARED ON BEHALF OF THE ASSESSEE NOR HAS IT MOVED ANY APPLICA TION FOR ADJOURNMENT, INSPITE OF NOTICE. UNDER THE CIRCUMSTANCES IT IS PRESUMED THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING ITS APPEAL. ACCORDINGLY, BY APPLYING TH E RATIO LAID DOWN BY THE DECISION OF THE ITAT DELHI BENCH IN THE CASE OF CIT VS. MULTIPLAN INDIA (P.) LTD. [(1991) 38 ITD 320] , WE DISMISS THE APPEAL FILED BY THE APPELLANT-ASSE SSEE, IN LIMINE. 3. IN THE RESULT, THE APPEAL STANDS DISMISSED. ORDER PRONOUNCED ON THIS 5 TH DAY OF MARCH, 2010. SD/- ( R.S.SYAL ) ACCOUNTANT MEMBER MUMBAI : 5 TH MARCH, 2010. DEVDAS* ITA NO.3501/MUM/2009 M/S.AMAR APPLIANCE. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - II, MUMBAI. 5. THE DR/ITAT, MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR, ITAT, MUMBAI.