IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH A , PUNE BEFORE: SHRI R.S. PADVEKAR, JUDICIAL MEMBER AND SHRI R.K. PANDA, ACCOUNTANT MEMBER MA NO. 132 / PN/2013 (ARISING OUT OF ITA NO. 221/PN/2009 ) ASSESSMENT YEAR : 200 5 - 06 M/ S. GOPISONS DEVELOPERS PVT. LTD., THE FIFTH AVENUE, A - 1, 5 TH FLOOR, DHOLE PATIL ROAD, PUNE VS. ACIT, CIRCLE - 1(2), PUNE (APPELLANT) (RESPONDENT) PAN NO. AAACG6190N APPELLANT BY: N O N E RESPONDENT BY: SHRI P.L. PATHADE DATE OF HEARING : 06 - 12 - 2013 DATE OF PRONOUNCEMENT : 20 - 12 - 201 3 ORDER P ER R.S. PADVEKAR , JM : - TH IS MISCELLANEOUS APPLICATION IS FILED BY THE ASSESSEE U/S. 254(2) OF THE INCOME - TAX ACT WITH PRAYER TO RECALL THE ORDER PASSED BY THE TRIBUNAL IN ITA NO. 221/PN/2009 DATED 30 - 11 - 2010 . 2. IT IS STATED IN THE PETITION THAT THE ASSESSEES APPEAL WAS DISMISSED ON THE REASON THAT IN SPITE OF GIVING SUFFICIENT OPPORTUNITIES THE ASSESSEE WAS NOT INTERESTED IN PURSUING ITS APPEAL BEFORE THE TRIBUNAL. THE ASSESSEES APPLICATION WAS FI XED FOR HEARING ON 25 - 10 - 20 1 3. AGAIN THE SAME FIXED FOR HEARING ON 06 - 12 - 2013 . AS PER THE RECORD , THE ASSESSEE WAS ISSUED THE NOTICE S INTIMATING THE DATE OF HEARING OF THIS MISCELLANEOUS APPLICATION . FOR THE REASON BEST KNOWN TO THE ASSESSEE , HE PREFERR ED NOT TO REMAIN PRESENT NOR ANY APPLICATION FOR ADJOURNMENT IS FILED. WE ARE , THEREFORE, OF THE OPINION THAT THE ASSESSEE IS NOT INTERESTED IN PURSUING THE PRESENT MISCELLANEOUS APPLICATION. WE, ACCORDINGLY, DISMISS THE SAME FOR THE WANT OF PROSECUTION. 2 M.A. NO. 132/PN/2013, M/S. GOPISONS DEVELOPERS PVT. LTD., PUNE 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION IS DISMISSED. PRONOUNCED IN THE OPEN COURT ON 20 - 12 - 20 1 3 SD/ - SD/ - ( R . K. PANDA ) ( R.S. PADVEKAR ) ACCOUNTANT MEMBER JUDICIAL MEMBER RK /PS PUNE , DATED : 20 TH DECEMBER, 2013 COPY TO 1 ASSESSEE 2 DEPARTMENT 3 THE CIT(A) - I, PUNE 4 THE CIT - I, PUNE 5 THE DR, ITAT, A BENCH, PUNE . 6 GUARD FILE. //TRUE COPY// BY ORDER PRIVATE SECRETARY INCOME TAX APPELLATE TRIBUNAL PUNE