IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES F, MUMBAI BEFORE SHRI RAJENDRA SINGH, ACCOUNTANT MEMBER AND DR. S.T.M. PAVALAN, JUDICIAL MEMBER ITA NO.: 6525/MUM/2011 ASSESSMENT YEARS: 2008-09 VARUN RESORTS LTD. 3 RD FLOOR, LUTHARIA HOUSE, ANAND RAO DEVALE ROAD, JUHU, MUMBAI 400 049 PAN. : AAACV 1683 R DY. COMMISSIONER OF INCOME TAX - 8(3), AAYAKAR BHAVAN, MUMBAI (APPELLANT) VS. (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI O.P. MEENA DATE OF HEARING : 14.03.2013 DATE OF PRONOUNCEMENT : 14.03.2013 ORDER PER DR. S.T.M. PAVALAN, J.M. : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDE R PASSED BY THE LD.CIT(A) ON 22.07.2011 IN RELATION TO THE ASSESSME NT YEAR 2008-09. 2. NOTICE POSTING THE APPEAL FOR HEARING ON 15.01.2 013 WAS SENT TO THE ASSESSEE TO THE ADDRESS GIVEN IN FORM NO.36. AS THE BENCH DID NOT FUNCTION ON 15.01.2013, THE HEARING WAS ADJOURNED TO 14.03.2013 AND INFORMED THE PARTIES THROUGH NOTICE BOARD. WHEN THE MATTER WAS CALLED ON FOR HEARING ON THE DATE FIXED FOR, NO ONE APPEARED ON BEHALF OF ASSESSEE. T HERE WAS ALSO NO APPLICATION FOR ADJOURNMENT. IT IS THEREFORE INFERRED THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE APPEAL WHICH IS HEREBY DISMISSED FOR N ON-PROSECUTION FOLLOWING THE ORDER OF THE DELHI BENCH OF THE TRIBUNAL IN THE CAS E OF CIT VS. MULTIPLAN INDIA (P) LTD. (1991) 38 ITD 320 (DEL) AND THE JUDGEMENT OF H ONBLE JURISDICTIONAL HIGH COURT IN THE CASE OF CHEMIPOL VS. UOI, DATED 17 TH SEPTEMBER 2009 (BHC). ITA NO.: 6525/MUM/2011 VARUN RESPORTS LTD. ASSESSMENT YEARS: 2008-09 2 3. IN THE RESULT, THE APPEAL FILED BY THE ASSESSEE IS DISMISSED . ORDER PRONOUNCED IN THE OPEN COURT ON THIS 14 TH DAY OF MARCH, 2013. SD/- SD/- (RAJENDRA SINGH) (DR. S.T.M. PAVALAN) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI, DT: 14.03.2013 RASIKA* COPY FORWARDED TO : 1. THE APPELLANT, 2. THE RESPONDENT, 3. THE C.I.T., CONCERNED MUMBAI 4. CIT (A) CONCERNED MUMBAI 5. THE DR, - BENCH, ITAT, MUMBAI //TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI