IN THE INCOME TAX APPELLATE TRIBUNAL C BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 56/KOL/2013 IN I.T.A NO. 2245/KOL/2010 ASSESSMENT YEAR: 2001-02 M/S. BUSH TEA CO. LTD., KOLKATA. VS. DEPUTY COMM ISSIONER OF INCOME-TAX, (PAN: AABCB4130C) CIRCLE-4, KOLKATA. ( APPLICANT ) ( RESPONDENT ) DATE OF HEARING : 06.11.2015 DATE OF PRONOUNCEMENT: 06.11.2015 FOR THE APPLICANT: N O N E FOR THE RESPONDENT: SMT. RANU BISWAS, JCIT, SR. DR ORDER PER MAHAVIR SINGH, JM: BY THIS MISCELLANEOUS APPLICATION, THE ASSESSEE HAS SOUGHT FOR RECALLING THE ORDER OF THE TRIBUNAL PASSED ON 21.06.2013. 2. NONE APPEARED FOR AND ON BEHALF OF ASSESSEE AT T HE TIME OF HEARING OF THIS APPLICATION IN SPITE OF NOTICE HAS BEEN ISSUED BY R PAD. WE ALSO FIND THAT SEVERAL ADJOURNMENTS WERE GIVEN IN THIS CASE BUT NONE APPEA RED ON BEHALF OF ASSESSEE. THIS BEING A MISC. APPLICATION FILED ON 11.09.2013, IT S EEMS THAT ASSESSEE IS NOT INTERESTED IN PROSECUTING THE APPLICATION AS NONE IS PRESENT BEFO RE US AT THE TIME OF HEARING. HENCE, THE MISC. APPLICATION OF ASSESSEE IS DISMISSED FOR NON-PROSECUTION APPLYING THE DECISION OF HONBLE DELHI TRIBUNAL IN THE CASE OF CIT VS. MU LTIPLAN INDIA PVT. LTD., 38 ITD 320. 3. IN THE RESULT, MISC. APPLICATION OF ASSESSEE IS DISMISSED. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (P. M. JAGTAP) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 6TH NOVEMBER, 2015 JD.(SR.P.S.) 2 MA NO.56/K/2013, BUSH TEA CO. LTD. A. Y 2001-02 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : M/S. BUSH TEA CO. LTD., 18A, PARK STREE T, 8 TH FLOOR, KOLKATA- 700069 2 RESPONDENT DCIT, CIRCLE-4, KOLKATA. 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .