IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH A BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI D.C. AGRAWAL, ACCOUNTANT MEMBER DATE OF HEARING : 07/01/10 DRAFTED ON: 047/01 /10 ITA NO.3704/AHD/2007 ASSESSMENT YEAR : 2002-03 KHYATI MULTIMEDIA & ENTERTAINMENT LTD. 101, CHINUBHAI TOWERS OPP.HANDLOOM HOUSE ASHRAM ROAD, AHMEDABAD VS. THE ITO WARD-4(2) AHMEDABAD PAN/GIR NO. : AAACK 8579 R (APPELLANT) .. (RESPONDENT) APPELLANT BY : -NONE- RESPONDENT BY: RAJEEV AGARWAL CIT-DR O R D E R PER BHAVNESH SAINI, JUDICIAL MEMBER: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST T HE ORDER OF THE LD.CIT(APPEALS)-VIII, AHMEDABAD DATED 28/06/2007 PA SSED FOR ASSESSMENT YEAR 2003-04. 2. IN ORDER TO PROCEED IN THE MATTER, A NOTICE OF HEARING WAS SERVED UPON THE ASSESSEE ON 07/01/2010 (REGD-AD ON RECORD). HO WEVER, NONE APPEARED DESPITE SERVICE OF NOTICE. THE LD.COUNS EL FOR THE ASSESSEE, ON RECORD, WITHDREW FROM APPEARING IN THIS CASE. THIS SHOWS THAT THE ITA NO .3704/AHD/2007 KHYATI MULTIMEDIA & ENTERTAINMENT LTD. VS. ITO ASST.YEAR 2003-04 - 2 - ASSESSEE IS NOT INTERESTED IN PURSING WITH THIS APP EAL. THEREFORE, IN VIEW OF HON'BLE MADHYA PRADESH HIGH COURT DECISION IN THE C ASE OF ESTATE OF LATE TUKOJIRAO HOLKA VS. CWT (1997) 223 ITR 480 (M.P.) A ND OF HON'BLE DELHI TRIBUNAL DECISION IN THE CASE OF CIT VS. MU LTIPLAN INDIA (PVT.) LTD. 38 ITD 320 (DELHI), WE DISMISS THE APPEAL OF THE AS SESSEE IN LIMINE . 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DI SMISSED. THIS ORDER IS PRONOUNCED IN THE COURT ON 07 TH JANUARY-2010. SD/- SD/- ( D.C.AGRAWAL ) ( BHAVNES H SAINI ) ACOUNTANT MEMBER JUDICIAL MEMBER AHMEDABAD; DATED 07/01/2010 T.C. NAIR COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT-ASSESSEE 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE LD. CIT(APPEALS)-VIII, AHMEDABAD 5. THE DR, AHMEDABAD BENCH 6. THE GUARD FILE. BY ORDER, //TRUE COPY// (DY./ASSTT.REGISTRAR), ITAT, AHMEDABAD