IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD B BENCH BEFORE: SHRI D.K. TYAGI, JUDICIAL MEMBER AND SHRI A MOHAN ALANKAMONY, JUDICIAL ME MBER SHRI KISHOR MOHANLAL KOTHARI, OPP. GANESH TEMPLE, MOTA BAZAR, VALSAD (APPELLANT) VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX VALSAD CIRCLE, VALSAD (RESPONDENT) REVENUE BY : SRI Y.P. VERMA, SR.D.R. ASSESSEE BY : NONE DATE OF HEARING : 01-03-2013 DATE OF PRONOUNCEMENT : 01-03-2013 / ORDER PER : D.K. TYAGI, JUDICIAL MEMBER:- THIS MISCELLANEOUS APPLICATION HAS ARISEN OUT OF T HE ORDER OF THIS TRIBUNAL IN ITA NO. 3838/AHD/2007 A.Y. 2005-06 DATE D 14-05-2010. 2. AT THE TIME OF HEARING NONE APPEARED ON BEHALF O F THE ASSESSEE NOR ANY APPLICATION FOR ADJOURNMENT IS ON RECORD. WE F URTHER FIND THAT THIS M.A. WAS FIXED FOR HEARING FOR THE FIRST TIME ON 08-04- 2011 AND SINCE THEN IT HAS BEEN FIXED FOR ANOTHER 12 TIMES. THE ASSESSEE NEVE R APPEARED FOR HEARING. IT M.A. NO. 26 7/AHD/2010 (ARISING OUT OF ITA NO. 3838/AHD/2007) A.Y.:-2005-06 M.A. NO. 267/AHD/2010 A.Y. 2005-06 PAGE NO KISHOR MOHANLAL KOTHARI VS. ACIT 2 IS CLEAR FROM THIS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING HIS M.A. NO PURPOSE WILL BE SERVED IF THE MATTER IS KEPT PENDIN G, THEREFORE, THE M.A. FILED BY THE ASSESSEE IS DISMISSED FOR NON-PROSECUTION. 3. IN THE RESULT, THIS M.A. OF THE ASSESSEE IS DISM ISSED. SD/- SD/- (A. MOHAN ALANKAMONY) (D.K.TYAGI) ACCOUNTANT MEMBER J UDICIAL MEMBER AHMEDABAD : DATED 01 /03/2013 AK / COPY OF ORDER FORWARDED TO:- 1. / APPELLANT 2. / RESPONDENT 3. / CONCERNED CIT 4. - / CIT (A) 5. , ! , '# / DR, ITAT, AHMEDABAD 6. $% &' / GUARD FILE. BY ORDER/ , ( / ' ) ! , '#