IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER MA NO.12/JU/2009 (IN ITA NO.171/JU/2007) ASSESSMENT YEAR: 2003-04 M/S SRINIWAS BUILDERS, VS. INCOME TAX OFFICER, 5/125, SECTOR NO.14, WAD 1(4), UDAIPUR. HIRAN MAGRI, UDAIPUR. (PAN: AAFFS 1354 N). (APPELLANT) (RESPONDENT) APPELLANT BY : NONE RESPONDENT BY : G.R. KOKANI, D.R. DATE OF HEARING : 06.07.2012 DATE OF PRONOUNCEMENT OF ORDER : 06.07.2012 ORDER PER BHAVNESH SAINI, JUDICIAL MEMBER: THE ASSESSEE MOVED THE PRESENT MISCELLANEOUS APPLIC ATION FOR RECALLING OF THE ORDER OF THE TRIBUNAL DATED 30.01.2008 WHEREBY THE APPEAL OF THE ASSESSEE WAS DISMISSED IN LIMINE FOR NON-PROSECUTION. NOTICE SEN T TO THE ASSESSEE FOR HEARING OF MISCELLANEOUS APPLICATION RETURNED BACK TO THE OFFI CE WITH THE REMARK OF POSTAL AUTHORITIES ADDRESSEE NOT AVAILABLE AT THE GIVEN A DDRESS. THE NOTICE WAS SERVED BY THE REVENUE DEPARTMENT. THE SERVICE REPORT IS AV AILABLE ON RECORD. HOWEVER, NONE IS PRESENT ON BEHALF OF THE ASSESSEE DESPITE S ERVICE OF NOTICE. IT, THEREFORE, M.A. NO.12/JU/2009 . 2 APPEARS THAT THE ASSESSEE IS NOT INTERESTED IN PROS ECUTING THE PRESENT MISCELLANEOUS APPLICATION. THE SAME IS, ACCORDINGLY, DISMISSED. 2. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 06.07.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER AKS/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, JODHPUR BENCH, JODHPUR 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLAT E TRIBUNAL, JODHPUR TRUE COPY