IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A, MUMBAI BEFORE SHRI R.K. GUPTA, J.M. AND SHRI A.L. GEHLOT, A.M. ITA NO. 611/M/2009 ASSESSMENT YEAR: 2004-05 LATE (MRS.) KHORSHED R. KARANJIA, APPELLANT LEGAL HEIR MR. BOMI R. KARANJIA 3/20, TATA MILLS CO-OP HOUSING SOCIETY, ELPHINSTONE BRIDGE, PAREL, MUMBAI 400 012. (PAN AAFPK2680M) VS. INCOME TAX OFFICER, RESPONDENT WARD 17(3)(2), B WING, R.NO. 22, 3 RD FLOOR, MITTAL COURT, NARIMAN POINT, MUMBAI 400 021. APPELLANT BY : NONE RESPONDENT BY : MR. DEBASHIS CHANDE ORDER PER A.L. GEHLOT, A.M.: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAI NST THE ORDER OF CIT(A)- XXVII, MUMBAI, PASSED ON 24.10.2008 FOR TH E ASSESSMENT YEAR 2004-05. 2. INITIALLY, THIS APPEAL WAS FIXED FOR HEARING ON 23.11.2009, ON WHICH DATE, THE DR REQUESTED FOR ADJOURNMENT VIDE H IS LETTER DATED 20.11.2009 AND, THEREFORE, THE APPEAL WAS ADJOURNED TO 01.02.2010 AND NONE APPEARED ON BEHALF OF THE ASSESSEE. NOTICE OF HEARING THE APPEAL ON 01.2.10 WAS SENT BY RPAD. ON THE DATE OF HEARING ON 01.02.2010, THERE IS NO COMPLIANCE NOR THERE ANY RE QUEST FOR ADJOURNMENT BY THE ASSESSEE. THEREFORE, RESPECTFULLY FOLLOWING THE DECISION OF THE TRIBUNAL IN THE CASE OF MULTIPLAN (INDIA) LTD., (38 ITD 320) AN D MADHYA PRADESH HIGH COURT IN LATE TUKOJIRAO HOLKAR (223 ITR 480), WE DI SMISS THE APPEAL OF THE ASSESSEE FOR WANT OF PROSECUTION. ITA NO. 611/MUM/2009 LATE (MRS.) KHORSHED KARANJIA . 2 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED. PRONOUNCED ON THIS 9 TH DAY OF FEBRUARY, 2010 SD/- SD/- (R.K. GUPTA) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTAN T MEMBER DATED: 9 TH FEBRUARY, 2010 COPY TO:- 1) THE APPELLANT. 2) THE RESPONDENT. 3) THE CIT (A) CONCERNED. 4) THE CIT CONCERNED. 5) THE DEPARTMENTAL REPRESENTATIVE, A BENCH, I.T .A.T., MUMBAI. BY ORDER //TRUE COPY// ASST. REGISTRAR, I.T.A.T., MUMBAI. KV S.NO. DESCRIPTION DATE INTLS 1. DRAFT DICTATED ON 01.02.10 SR.P.S./P.S 2. DRAFT PLACED BEFORE AUTHOR 05.02.10 SR.P.S/PS 3 DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER JM/AM 4 DRAFT DISCUSSED/APPROVED BY SECOND MEMBER JM/AM 5 APPROVED DRAFT COMES TO THE SR.P.S./PS SR.P.S./P.S 6. KEPT FOR PRONOUNCEMENT ON SR. P.S./P.S. 7. FILE SENT TO THE BENCH CLERK SR.P.S./P.S 8 DATE ON WHICH FILE GOES TO THE HEAD CLERK 9 DATE OF DISPATCH OF ORDER