IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH H BEFORE SHRI J. SUDHAKAR REDDY(AM) & SHRI V.DURGA RA O(JM) I.T.A.NO. 2731/MUM/2007 (ASSESSMENT YEAR : 2003-04) HELIOS FOOD ADDITIVES PVT. LTD. 422, SWASTIK CHAMBERS CHEMBUR MUMBAI-400 071. VS. ACIT 10(2) AAYAKAR BHAVAN M.K. ROAD MUMBAI-400 020. APPLICANT RESPONDENT PAN/GIR NO. : AAACH2764D ASSESSEE BY : NONE DEPARTMENT BY : SHRI V.V. SHASTRI DATE OF HEARING : 9.1.2012 DATE OF PRONOUNCEMENT : 9.1.2012 ORDER PER J. SUDHAKAR REDDY(AM) :- THIS APPEAL IS POSTED BEFORE THIS BENCH CONSEQUE NT TO AN ORDER PASSED IN MA NO. 298/MU/2010 DATED 29.7.2011, WHERE IN THE BENCH HAS RECALLED THE APPEAL FOR THE LIMITED PURPOSE OF ADJUDICATING GROUND NO. 4&5 IN THE APPEAL. 2. LEARNED COUNSEL FOR THE ASSESSEE FILED AN APPLIC ATION DATED 9.1.2012 STATING THAT HE IS NOT PRESSING THESE GROU NDS I.E. GROUND NO. 4&5 AND SEEKS PERMISSION TO WITHDRAW THE APPEAL. 3. LEARNED DEPARTMENTAL REPRESENTATIVE HAS NO OBJEC TION. AS ONLY PART OF THE APPEAL I.E. RELATABLE TO GROUND NO.4&5 IS BEFORE THIS BENCH, WE DISMISS THOSE APPEALS AS NOT PRESSED. 4. IN THE RESULT, APPEAL OF THE ASSESSEE IS DISMISS ED ORDER PRONOUNCED IN THE OPEN COURT ON 9.1.2012. SD/- (V. DURGA RAO) JUDICIAL MEMBER SD/- (J. SUDHAKAR REDDY) ACCOUNTANT MEMBER DATED : 9 TH JANUARY, 2012. 2 COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A)-CONCERNED. 4. THE CIT, CONCERNED. 5. THE DR CONCERNED, MUMBAI 6. GUARD FILE BY ORDER TRUE COPY ASSTT. REGISTRAR, ITAT, MUMBAI PS