IN THE INCOME TAX APPELLATE TRIBUNAL, AGRA BENCH, AGRA BEFORE : SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER C.O. NO. 28/AGRA/2012 (IN ITA NO.116/AGRA/2011) ASSTT. YEAR : 2007-08 BAL KISHAN GUPTA VS. INCOME-TAX OFFICER, PROP. M/S. VARUN CABLE NETWORK, WARD 1(4), ALIG ARH. ALIGARH. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PANKAJ GARGH, ADVOCATE RESPONDENT BY : SHRI WASEEM ARSHAD, SR. D.R. DATE OF HEARING : 11.12.2012 DATE OF PRONOUNCEMENT OF ORDER : 11.12.2012 ORDER PER BHAVNESH SAINI, J.M.: THE ASSESSEE FILED THIS CROSS-OBJECTION 25.05.2012 ON RECEIPT OF NOTICE IN THE DEPARTMENTAL APPEAL ON 26.06.2011. THUS, THE CROSS- OBJECTION IS TIME BARRED BY 333 DAYS. IT IS STATED THAT THE CROSS OBJECTION IS FILE D IN VIEW OF THE JUDGMENT OF ITAT, SPECIAL BENCH, VISHAKHAPATNAM, WHICH ITSELF IS NO G ROUND FOR CONDONATION OF DELAY, AS NO REASONABLE CAUSE IS SHOWN FOR THE DELA Y IN FILING THE CROSS OBJECTION. C.O. NO. 28/AGRA/2012 2 THE LD. COUNSEL FOR THE ASSESSEE SOUGHT PERMISSION TO WITHDRAW THE CROSS OBJECTION. WE, ACCORDINGLY, DISMISS THE CROSS OBJEC TION OF ASSESSEE AS WITHDRAWN. 2. IN THE RESULT, THE CROSS OBJECTION OF THE ASSESS EE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 11.12.2012. SD/- SD/- (A.L. GEHLOT) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER *AKS/- COPY OF THE ORDER FORWARDED TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A), CONCERNED BY ORDER 4. CIT, CONCERNED 5. DR, ITAT, AGRA 6. GUARD FILE SR. PRIVATE SECRETARY TRUE COPY