IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD D BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND MAHAVIR SINGH, JUDICIAL MEMBER) ITA NO.4319/AHD/2007 [ASSTT.YEAR : 2003-2004] GOLD MULTIFAB LTD., 2053, TRADE HOUSE RING ROAD, SURAT. VS. ITO, WARD-1(2) SURAT. ASSESSEE BY : NONE REVENUE BY : SHRI GAURAV BATHAN O R D E R PER G.D. AGARWAL, VICE-PRESIDENT : THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE CIT(A)-I, AHMEDABAD DATED 01.10.20 07 ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER PASSED UNDER SECTION 271(1)(C ) OF THE INCOME TAX ACT, 1961. 2. NOTICES FOR HEARING OF THE APPEALS WERE SENT TO THE ASSESSEE BY RPAD POST AT THE ADDRESS MENTIONED IN FORM NO.36. THE SAME W AS RETURNED BY THE POSTAL AUTHORITIES WITH THE REPORT LEFT. THE ASSESSEE H AS NOT INTIMATED TO THE REGISTRY ABOUT CHANGE OF ADDRESS IF ANY. NONE APPEARED ON BE HALF OF THE ASSESSEE NOR ANY APPLICATION WAS FILED FOR ADJOURNMENT IN THE MATTER . IN THE CIRCUMSTANCES, IT IS INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PUR SING ITS APPEAL. THEREFORE, FOLLOWING THE DECISION OF DELHI BENCH IN THE CASE O F MULTIPLAN (INDIA) LTD. 38 ITD 320 , WE DISMISS APPEAL OF THE ASSESSEES IN LIMINE FOR WANT OF PROSECUTION. ORDER PRONOUNCED IN THE OPEN COURT 7 TH JULY, 2010. SD/- SD/- (MAHAVIR SINGH) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 07-07-2010 COPY OF THE ORDER FORWARDED TO: 1) : ASSESSEE 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER AR, ITAT, AHMEDABAD