, , IN THE INCOME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK ( ) BEFORE . . , , HONBLE SHRI K.K.GUPTA, ACCOUNTANT MEMBER. /AND . . . , S HRI K.S.S.PRASAD RAO , JUDICIAL MEMBER / I.T.A.NO. 27/CTK/2011 / ASSESSMENT YEAR 1983 - 84 SAMANTARAY STEELINDUSTRIES PVT.LTD., RAJA BAGICHA, CUTTACK. - - - VERSUS - ASST.COMMISSIONER OF INCOME - TAX,CIRCLE 2(2), CUTTACK. ( /APPELLANT ) ( / RESPONDENT ) / FOR THE APPELLANT : / SHRI J.B.SAHOO, AR / FOR THE RESPONDENT: / SHRI J.KHANRA,DR / ORDER . . , , SHRI K.K.GUPTA, ACCOUNTANT MEMBER. TH IS APPEAL BY THE ASSESSEE IS IN PURSUANCE OF ORDER U/S.264 OF THE COMMISSIONER OF INCOME - TAX INDICATING PART RELIEF GRANTED BY THE LEARNED CIT ON THE AMOUNT OF PENALTY LEVIED BY THE ASSESSING OFFICER UNDER THE PROVISIONS OF SECTION 271(1)(C) OF THE INCOME - TAX ACT,1961. 2. AT THE OUTSET THE LEARNED DR SUBMITTED THAT THE APPEAL BEFORE THE TRIBUNAL IS INFRUCTUOUS AS IT HAS BEEN FILED ON THE ORDER OF THE LEARNED CIT U/S.264. THE REMEDY LIES ELSEWHERE WHICH MAY KINDLY BE TAKEN NOTE OF. 3. THE LEARNED COUNSEL FOR THE ASSESSEE AGREED TO THE OBJECTION OF THE LEARNED DR AND SOUGHT TO WITHDRAW THE APPEAL IN ACCORDANCE WITH THE PROVISIONS OF INCOME - TAX ACT. 4. THE APPEAL OF THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. THIS ORDER I S PRONOUNCED IN OPEN COURT ON DT. 07.04.2011 SD/ - SD/ - ( . . . ) , ( K.S.S.PRASAD RAO), JUDICIAL MEMBER ( . . ) , , (K.K.GUPTA), ACCOUNTANT MEMBER. ( ) DATE: 07.04.2011 ( ), ( H.K.PADHEE ), SENIOR.PRIVATE SECRETARY. I.T.A.NO. 27/CTK/2011 2 - COPY OF THE ORDER FORWARDED TO: 1 . / THE APPELLANT : SAMANTARAY STEELINDUSTRIES PVT.LTD., RAJA BAGICHA, CUTTACK. 2 / THE RESPONDENT: ASST.COMMISSIONER OF INCOME - TAX,CIRCLE 2(2), CUTTACK. 3 . / THE CIT, 4 . ( )/ THE CIT(A), 5 . / DR, CUTTACK BENCH 6 . GUARD FILE . / TRUE COPY, / BY ORDER, [ ] SENIOR PRIVATE SECRETARY