IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, MUM BAI , ! BEFORE SHRI SANJAY ARORA, AM AND DR. S. T. M. PAVA LAN, JM ' # I.T.A. NO. 2885/MUM/2011 ( / ASSESSMENT YEAR: 2003-04) BHARAT INFRASTRUCTURE & ENGINEERING LTD. 101, SHREE AMBA SHANTI CHAMBERS, OPP. HOTEL LEELA, ANDHERI-KURLA ROAD, ANDHERI (E), MUMBAI-400 059 # VS. DY. CIT, CENTRAL CIRCLE-23, AAYKAR BHAVAN, M. K. ROAD, MUMBAI $ #'%' ./PAN/GIR NO. AABCB 3630 P ( $& /APPELLANT ) : ( '($& / RESPONDENT ) $&)* / APPELLANT BY : SHRI VIJAY MEHTA '($&)* / RESPONDENT BY : SHRI PREETAM SINGH + ,)- / DATE OF HEARING : 14.07.2014 ./0 )- / DATE OF PRONOUNCEMENT : 14.07.2014 '1# O R D E R PER SANJAY ARORA, A. M.: THIS IS AN APPEAL BY THE ASSESSEE DIRECTED AGAINST THE ORDER BY THE COMMISSIONER OF INCOME TAX (APPEALS)-40, MUMBAI (CIT(A) FOR SH ORT) DATED 25.01.2011, PARTLY ALLOWING THE ASSESSEES APPEAL CONTESTING ITS ASSES SMENT U/S.153A R/W S. 143(3) OF THE INCOME TAX ACT, 1961 (THE ACT HEREINAFTER) FOR TH E ASSESSMENT YEAR (A.Y.) 2003-04 VIDE ORDER DATED 15.12.2009. 2 ITA NO. 2885/MUM/2011 (A.Y. 2003-04) BHARAT INFRASTRUCTURE & ENGINEERING LTD. VS. DY. CI T 2. AT THE VERY OUTSET, IT WAS SUBMITTED BY THE LD. AUTHORIZED REPRESENTATIVE (AR), THE ASSESSEES COUNSEL, THAT THE ASSESSEE WISHES TO WIT HDRAW ITS INSTANT APPEAL. THE LD. DEPARTMENTAL REPRESENTATIVE (DR) DID NOT RAISE ANY OBJECTION TO THE SAID PROPOSITION BY THE ASSESSEE, ON AN ENQUIRY IN ITS RESPECT BY THE B ENCH. WE, ACCORDINGLY, HAVE NO HESITATION IN ALLOWING THE ASSESSEES PRAYER. THE A SSESSEES APPEAL IS, ACCORDINGLY, DISMISSED AS WITHDRAWN. WE DECIDE ACCORDINGLY. 3. IN THE RESULT, THE ASSESSEES APPEAL IS DISMISSE D IN LIMINE . ORDER PRONOUNCED IN THE OPEN COURT ON JULY 14, 2014 SD/- SD/- (DR. S. T. M. PAVALAN) (SANJAY ARORA) / JUDICIAL MEMBER / ACCOUNTANT MEMBER + 2, MUMBAI; 3 DATED : 14.07.2014 # ROSHANI , SR. PS ! ' #$%& ' &$ # COPY OF THE ORDER FORWARDED TO : 1. $& / THE APPELLANT 2. '($& / THE RESPONDENT 3. '' + 4- 5 6 / THE CIT(A) 4. '' + 4- / CIT - CONCERNED 5. 78 9'-:; ' :;0 + 2, / DR, ITAT, MUMBAI 6. 9 <= , # GUARD FILE ! ( / BY ORDER, )/(* + (DY./ASSTT. REGISTRAR) , + 2, / ITAT, MUMBAI