IN THE INCOME TAX APPELLATE TRIBUNAL NAGPUR BENCH, NAGPUR BEFORE SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER ITA No.174/Nag./2017 (Assessment Year : 2012–13) Kishore Gopichand Rai Opposite S.T. Bus Stand Near Model Mill Gate Ganeshpeth Nagpur–440 018 PAN No: ADUPR7662N ............... Appellant v/s PCIT–3 1 st Floor, Aaykar Bhawan Nagpur–440 001 ................... Respondent Assessee by : None Revenue by : Shri Rajeev Benjwal, CIT Date of Hearing – 06.06.2022 Date of Order – 06.06.2022 O R D E R PER SHRI VIKRAM SINGH YADAV, A.M. This is an appeal filed by the assessee is directed against order of the Learned Principal Commissioner of Income Tax-3, Nagpur, dated 23.03.2017 passed under section. 263 of the Act relevant for A.Y. 2012– 13. 2 ITA No.174/Nag/2017 2. The assessee vide his letter dated 24.05.2022 has submitted that the Assessing Officer has since passed an assessment order under section 143(3) r.w.s. 263 of the Act, dated 30.12.2017, which is acceptable to him and in light of the same he may be allowed to withdrawal the present appeal. 3. The ld. DR is heard, who has not raised any objection in accepting the said prayer of withdrawal of the present appeal. 4. After hearing both the parties and considering the submission filed by the assessee Shri Kishore G. Rai, wherein he has stated that Assessing Officer has since passed an order under section. 143(3) r.w.s. 263 of the Act, dated 30.12.2017 and which is acceptable to him, the present appeal filed by him against the order under section. 263 of the Act is dismissed as withdrawn. Order pronounced in the open Court on 06 .06.2022 Sd/– YOGESH KUMAR U.S JUDICIAL MEMBER Sd/– VIKRAM SINGH YADAV ACCOUNTANT MEMBER NAGPUR, DATED: 06 .06.2022 Copy of the order forwarded to: (1) The Assessee; 3 ITA No.174/Nag/2017 (2) The Revenue; (3) The CIT(A); (4) The CIT, Nagpur City concerned; (5) The DR, ITAT, Nagpur; (6) Guard file. True Copy By Order Kasarla Thirumalesh Sr. Private Secretary (A.R./Sr. P.S./P.S.) ITAT, Nagpur