IN THE INCOME TAX APPELLAT E TRIBUNAL COCHIN BEN CH, COCHIN BEFORE S/SHRI N.VIJAYAKUMARAN, JM AND SANJAY AR ORA, AM I.T.A. NO.17 /COCH/ 2010 ASSESSMENT YEAR:2005-06 SHRI K.KRISHNAKUMAR, PROP. KAY KAY EXPORTS & KAY KAY FOODS, T.D.ROAD, COCHIN-35. [ACFPK 6005Q] VS. THE ASSISTANT COMMISSIONER OF INCOME-TAX,CIRCLE-2(1), ERNAKULAM. (ASSESSEE -APPELLANT) (REVENUE- RESPONDENT) ASSESSEE BY NONE-WITHDRAWAL APPLICATION REVENUE BY SHRI T.J.VINCENT, SR. DR. O R D E R PER SANJAY ARORA, AM: THIS IS AN APPEAL BY THE ASSESSEE ARISING OUT OF T HE ORDER U/S. 263 OF THE INCOME-TAX ACT, 1961 ('THE ACT' HEREINAFTER) BY THE COMMISSION ER OF INCOME-TAX, KOCHI (CIT FOR SHORT) DATED 14.12.2009 AND THE ASSESSMENT YEAR (A.Y.) UN DER REFERENCE IS2005-06 2. THE ASSESSEE-APPELLANT VIDE HIS LETTER DATED 20. 4.2010 HAS FILED A WITHDRAWAL APPLICATION PRAYING FOR WITHDRAWAL OF ITS APPEAL IN VIEW OF THE SUBSEQUENT ASSESSMENT., I.E., IN PURSUANCE TO THE ORDER U/S. 263 APPEALED AGAINST, H AS SINCE BEEN PASSED. THE LD. DR DID NOT RAISE ANY OBJECTION TO THE SAME. ACCORDINGLY, THE ASSESSEE IS PERMITTED TO WITHDRAW HIS APPEAL. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D AS WITHDRAWN. SD/- SD/- (N.VIJAYAKUMARAN) (SAN JAY ARORA) JUDICIAL MEMBER ACCOU NTANT MEMBER PLACE: ERNAKULAM DATED: 29TH APRIL, 2011 GJ COPY TO: ITA.NO. 17/COCH/2010 2 1. SHRI K.KRISHNAKUMAR, PROP. KAY KAY EXPORTS & KAY KAY FOODS, T.D.ROAD, COCHIN-35 2. THE ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE -2(1), ERNAKULAM. 3. THE COMMISSIONER OF INCOME-TAX, KOCHI. 4. D.R./I.T.A.T., COCHIN BENCH, COCHIN. 5. GUARD FILE. BY ORDER (ASSISTANT REGISTRAR)