IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH AHMEDABAD (BEFORE S/SHRI BHAVNESH SAINI, JM AND N.S. SAINI, A M) C. O. NO.139/AHD/2008 (IN ITA NO.1615/AHD/2008 FOR A.Y. 2003-04) BHAGWATI FLOUR & FOOD PVT. LTD., SURVENY NO.430 MORAIYA VILLAGE, SARKHEJ VAVLA HIGHWAY, CHANGODAR, AHMEDABAD VS THE INCOME TAX OFFICER, WARD8 (3), 4 TH FLOOR, AJANTA COMMERCIAL CENTER, A WING, ASHRAM ROAD, AHMEDABAD PA NO. (CROSS OBJECTOR) (RESPONDENT) CROSS OBJECTOR BY MS. URVASHI SODHAN, AR RESPONDENT BY SHRI ANIL KUMAR, DR O R D E R PER BHAVNESH SAINI: THE LEARNED COUNSEL FOR THE ASSESSEE SUBMITTED THAT THE LEARNED CIT(A) HAS CANCELLED THE PENALTY U/S 271 (1) ( C ) OF THE IT ACT FOR THE ASSESSMENT YEAR UNDER A PPEAL, THEREFORE, SHE DID NOT PRESS THE CROSS OBJECTION AND SEEKS PERMISSION TO WITHDRAW THE SAME. 2. IN THIS VIEW OF THE MATTER, THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 3. AS A RESULT, THE CROSS OBJECTION OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 09-08-2010 SD/- SD/- (N. S. SAINI) ACCOUNTANT MEMBER (BHAVNESH SAINI) JUDICIAL MEMBER DATE : 09-08-2010 LAKSHMIKANT/- C. O. NO.139/AHD/2008 (IN ITA NO.1615/AHD/2008) BHAGAWATI FLOUR AND FOOD PVT. LTD. VS ITO, W 8(3), AHMEDABAD 2 COPY OF THE ORDER FORWARDED TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT CONCERNED 4. THE CIT(A) CONCERNED 5. THE DR, ITAT, AHMEDABAD 6. GUARD FILE BY ORDER D Y. REGISTRAR, ITAT, AHMEDABAD