IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD B BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND MUKUL KUMAR SHRAWAT, JUDICIAL MEMBER) ITA NO.1305/AHD/2010 [ASSTT. YEAR : 2005-2006] ABHISHEK ENGINEERS PVT. LTD. ABHISHEK HOUSE, 5, SHRIMALI SOCIETY NAVRANGPURA, AHMEDABAD 380 009. PAN : AAACA 9827 E VS. COMMISSIONER OF INCOME-TAX AHMEDABAD-1 AHMEDABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI RAJESH C. SHAH REVENUE BY : SHRI ALOK JOHRI O R D E R PER G.D. AGARWAL, VICE-PRESIDENT : THIS APPEAL IS BY THE ASSESSEE AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX -1, AHMEDABAD DATED 16- 3-2010 PASSED UNDER SECTION 263 OF THE INCOME TAX A CT, 1961. 2. AT THE TIME OF HEARING BEFORE US, IT WAS STATED BY THE LEARNED COUNSEL THAT THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER OF THE CIT-I PASSED UNDER SECTION 263; THAT THE AO HAS ALSO PASSED CONSEQUENT IAL ORDER GIVING EFFECT TO THE ORDER OF THE CIT PASSED UNDER SECTION 263. THE ASSESSEE HAD FILED APPEAL AGAINST THE CONSEQUENTIAL ORDER BEFORE THE CIT(A). THEREFORE, THE ASSESSEE DOES NOT WANT TO PURSUE ITS APPEAL FILED AGAINST TH E ORDER UNDER SECTION 263. HE THEREFORE SOUGHT PERMISSION TO WITHDRAW THE APPE AL. THE LEARNED DR HAS NO OBJECTION TO THIS REQUEST OF THE LEARNED COUNSEL FO R THE ASSESSEE. ACCORDINGLY, THE ASSESSEES APPEAL IS DISMISSED AS BEING WITHDRA WN. ORDER PRONOUNCED IN OPEN COURT ON 21 ST JANUARY, 2011. SD/- SD/- (MUKUL KR. SHRAWAT) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 21-01-2011 COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD