IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH AHMEDABAD (BEFORE S/SHRI G. D. AGARWAL, VP AND BHAVNESH SAINI , JM) ITA NO.698/AHD/2007 A. Y.: 2003-04 SHRI RASHMIKANT GIRDHARILAL DHANAK, PROP. PRAMUKH JEWELLERS, 23, AFFIL TOWER, L. H. ROAD, SURAT VS THE A. C. I. T., CIRCLE-9, AAYAKAR BHAVAN, OPP. NEW CIVIL HOSPITAL, MAJURA GATE, SURAT PA NO. AACPD 7710 Q (APPELLANT) (RESPONDENT) APPELLANT BY NONE RESPONDENT BY DR. JAYANT JHAVERI, SR. DR O R D E R PER BHAVNESH SAINI: THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF THE LEARNED CIT(A)-V, SURAT DATED 15 TH NOVEMBER, 2006, FOR ASSESSMENT YEAR 2003-04, CHALLE NGING LEVY OF PENALTY U/S 271 (1 ( C ) OF THE IT ACT. 2. EARLIER THIS CASE WAS ADJOURNED SEVERAL TIMES O N THE REQUEST OF SHRI R. N. VEPARI, LEARNED COUNSEL FOR THE ASSESSEE . SHRI VEPARI THOUGH APPEARED AT THE TIME OF HEARING BUT SUBMITTE D THAT THE ASSESSEE HAS NOT INSTRUCTED HIM TO APPEAR AND GAVE DETAILS ON THE MATTER; THEREFORE, HE WOULD NOT BE REPRESENTING THE ASSESSEE. NONE APPEARED ON BEHALF OF THE ASSESSEE DESPITE SERVICE OF THE NOTICES. IT, THEREFORE, APPEARS THAT THE ASSESSEE IS NO MORE INT ERESTED IN PROSECUTING THE APPEAL. WE, THEREFORE, RELYING UPO N THE DECISION OF ITA NO.698/AHD/2007 SHRI SHRI RASHMIKANT GIRDHARILAL DHANAK VS ACIT, CI R-9, SURAT 2 ITAT DELHI BENCH IN THE CASE OF CIT VS MULTIPLAN I NDIA (PVT.) LTD., 38 ITD 320 (DEL), DISMISS THE APPEAL OF THE ASSESSEE I N LIMINE. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DIS MISSED IN LIMINE ORDER PRONOUNCED IN THE OPEN COURT ON 04-07-2011 SD/- SD/- (G. D. AGARWAL) VICE PRESIDENT (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 04-07-2011 LAKSHMIKANT/- COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD