IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH: KOL KATA [BEFORE SHRI P. M. JAGTAP, AM & SHRI MAHAVIR SINGH , JM] M. A. NO. 66/KOL/2014 IN I.T.A NO. 1634/KOL/2014 ASSESSMENT YEAR: 2009-10 M/S. GOODWAVE DISTRIBUTORS PVT. LTD. VS. COMMISSI ONER OF INCOME-TAX, (PAN: AABCG2376H) KOL-II, 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 30.09.2014. 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 19.12.2014, 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.66/K/2014, M/S. GOODWAVE DISTRIBUTORS P. LTD .. A. Y 2009-10 COPY OF THE ORDER FORWARDED TO: 1 . APPLICANT : M/S. GOODWAVE DISTRIBUTORS PVT. LTD., 6 N, BENTINCK ST., KOL-700001. 2 RESPONDENT CIT, KOL-II, KOLKATA. 3 . THE CIT(A) , KOLKATA 4. ACIT, KOLKATA 5 . DR, KOLKATA BENCHES, KOLKATA TRUE COPY, BY ORDER, ASSTT. REGISTRAR .