IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH : BANGALORE BEFORE SHRI SHAILENDRA KUMAR YADAV, JUDICIAL MEMBE R AND SHRI AKBER BASHA, ACCOUNTANT MEMBER ITA NO. 799/BANG/2009 ASSESSMENT YEAR : 2005-06 SRI C. NAGABHUSHAN REDDY, NO.133, BEGUR MAIN ROAD, HONGASANDRA, BANGALORE 560 068. : APPELLANT VS. THE INCOME TAX OFFICER, WARD 10(1), BANGALORE. : RESPONDENT APPELLANT BY : NONE RESPONDENT BY : SMT. V.S. SREELEKHA O R D E R PER AKBER BASHA, ACCOUNTANT MEMBER THIS APPEAL IS FILED BY THE ASSESSEE AGAINST THE O RDER OF THE CIT(APPEALS)-V, BANGALORE DATED 25.5.09. NONE APPEARED ON BEHALF OF THE ASSESSEE AT THE TIME OF HEARING ON 18.11.09 NOR ANY ADJOURNMENT APPLICATION IS FILED. IT APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPEA L. THEREFORE, FOLLOWING THE DECISION OF THE DELHI BENCH OF THE TRIBUNAL IN THE CASE OF MULTIPLAN INDIA LTD. (38 ITD 320)(DEL) , AND CONSIDERING THE FACTS AND CIRCUMSTANCES OF TH E PRESENT CASE, WE DISMISS THIS APPEAL IN LIMINE, WIT H LIBERTY TO THE ASSESSEE ITA NO.799/BANG/09 PAGE 2 OF 2 TO FILE A PETITION TO RECALL THIS ORDER, IF THERE I S SUFFICIENT CAUSE FOR NON- APPEARANCE ON BEHALF OF THE ASSESSEE ON 18.11.09. 2. IN THE RESULT, THE APPEAL IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON THIS 18 TH DAY OF NOVEMBER, 2009. SD/- SD/- (SHAILENDRA KUMAR YADAV ) (AKBER BAS HA ) JUDICIAL MEMBER ACCOUNTANT MEMBER BANGALORE, DATED, THE 19 TH NOVEMBER, 2009. DS/- COPY TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR, ITAT, BANGALORE. 6. GUARD FILE (1+1) BY ORDER ASSISTANT REGISTRAR ITAT, BANGALORE.