PAGE 1 OF 3 IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH G, MUMBAI BEFORE SHRI RAJENDRA SINGH , ACCOUNTANT MEMBER AND SHRI VIVEK VARMA, JUDICIAL MEMBER ITA NO. 7276/MUM/2011 (ASSESSMENT YEAR: 2008-09) GORIA ROADWAYS, 40/48, JAIN ROAD EAST, ROOM NO. 25, PRINCE BUILDING, DONGRI CHARNAL, MUMBAI-400 008 PAN: AACFG 9748B VS INCOME-TAX OFFICER, WARD- 13(2)(2), MUMBAI (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : SHRI S. SATYA MOORTHY DATE OF HEARING :10-12-2012 DATE OF PRONOUNCEMENT :10-12-2012 O R D E R PER VIVEK VARMA, JM: THIS APPEAL FILED BY THE ASSESSEE IS DIRECTED AGAINST THE O RDER OF LEARNED COMMISSIONER OF INCOME-TAX (APPEALS)-24, MUMBAI DAT ED 01.08.2011 AND RELATES TO THE ASSESSMENT YEAR 2008-09. 2. THE APPEAL INITIALLY WAS FIXED FOR HEARING ON 08.10.2012 AND AS BENCH DID NOT FUNCTION THE SAME WAS ADJOURNED TO 10.12 .2012, WHICH WAS INFORMED TO BOTH THE PARTIES THROUGH NOTICE BOARD. IT SEEMS THAT THE ASSESSEE IS NOT INTERESTED TO PURSUE ITS APPEAL FUR THER AS NONE APPEARED ON BEHALF OF THE ASSESSEE NOR ANY ADJOURNMENT LETTER HAS BEEN RECEIVED BY OR ON BEHALF OF THE ASSESSEE. HENCE, FOLL OWING THE DECISION OF THE ITAT, IN THE CASE OF MULTIPLAN INDIA LTD., R EPORTED IN 38 ITD 320 (DEL) AND THE JUDGMENT OF THE HONBLE MADHYA PRA DESH HIGH COURT IN THE CASE OF LATE TUKOJIRAO HOLKAR VS CWT, REPOR TED IN (1997) GORIA ROADWAYS ITA NO. 7276/MUM/2011 PAGE 2 OF 2 223 ITR 480 (MP), THE APPEAL FILED BY THE ASSESSEE IS DISMISS ED, FOR WANT OF PROSECUTION BY THE ASSESSEE. 3. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH DECEMBER, 2012. SD/- SD/- (RAJENDRA SINGH) (VIVEK VARMA) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI : 10 TH DECEMBER, 2012 COPY TO: 1) THE APPELLANT 2) THE RESPONDENT 3) THE CIT (A)-24, MUMBAI. 4) THE CIT -13, MUMBAI 5) THE DR, G BENCH MUMBAI BY ORDER / / TRUE COPY / / ASST. REGISTRAR, ITAT, MUMBAI *CHAVAN