IN THE INCOME TAX APPELLATE TRIBUNAL 'J' BENCH, MUMBAI BEFORE SHRI R.V. EASWAR, PRESIDENT AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 1964/MUM/2009 (ASSESSMENT YEAR: 2005-6) SHRI JYOTINDRA R. SHAH ACIT - 13(1) SEVEN SEAS ENTERPRISE AAYAKAR BHAVAN, M.K. ROAD 1ST FLOOR, 162 NAGDEVI STREET VS. MUMBAI 400020 MUMBAI 400003 PAN - AAEPS 2340 D APPELLANT RESPONDENT APPELLANT BY: SHRI BHUPENDRA SHAH RESPONDENT BY: SMT. KUSUM INGLE O R D E R PER B. RAMAKOTAIAH, A.M. THIS APPEAL BY THE ASSESSEE IS AGAINST THE ORDER OF THE CIT XIII DATED 20.03.2009 UNDER SECTION 263. 2. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE FILED A LETTER WITHDRAWING THE APPEAL AS THE APPEAL IS NO L ONGER REQUIRED TO BE PURSUED BECAUSE THE COMMISSIONER OF INCOME TAX (A) HAS ALREADY PASSED AN APPELLATE ORDER PURSUANT TO ASSESSMENT ORDER PASSED UNDER SECTION 143(3) R.W.S. 263. THE LEARNED D.R. HAS NO OBJECTION FOR W ITHDRAWING THE APPEAL. 3. ACCORDINGLY, AS PER THE REQUEST OF THE ASSESSEE, TH E APPEAL IS TREATED AS WITHDRAWN. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON AT THE TIME O F HEARING ON 17 TH JANUARY 2011. SD/- SD/- (R.V. EASWAR) (B. RAMAKOTAIAH) PRESIDENT ACCOUNTANT MEMBER MUMBAI, DATED: 17 TH JANUARY 2011 ITA NO. 1964/MUM/2009 SHRI JYOTINDRA R. SHAH 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XIII, MUMBAI 4. THE CIT XIII, MUMBAI CITY 5. THE DR, J BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.