IN THE INCME TAX APPELLATE TRIBUNAL, CUTTACK BENCH, CUTTACK BEFORE : HONBLE SHRI K.K.GUPTA, ACCOUNTANT MEMBER, AND HONBLE SHRI K.S.S.PRASAD RAO, JUDICIAL MEMBER. ITA NO. 30/CTK/2011 (ASSESSMENT YEAR 2004 - 05) JAGANATH NIRMAN UDYOG PRIVATE LIMITED, PLOT NO.98, KHARAVELA NAGAR,KESHARI TALKIES COMPLEX, BHUBANESWAR 751001. PAN: AACJ 9219 R VERSUS ACIT, CIRCLE 1(1), BHUBANESWAR (APPELLANT) (RESPONDENT) FOR THE APPELLANT: SHRI B.K.MOHAPATRA, AR FOR THE RESPONDENT SHRI A.BHATTACHARJEE,DR ORDER SH RI K.K.GUPTA, ACCOUNTANT MEMBER : THE ASSESSEE HAS FILED THIS APPEAL AGAINST ORDER DT.2.11.2010 OF THE COMMISSIONER OF INCOME - TAX (APPEALS) FOR THE ASSESSMENT YEAR 2004 - 05. 2. AT THE TIME OF HEARING BEFORE US , THE LEARNED AR OF THE ASSESSEE SUBMITTED, WHI CH WAS ALSO RECORDED BY HIM TO - DAY I.E., DT. 25.7.2011 ON THE BODY OF THE GROUNDS OF APPEAL ANNEXED TO THE MEMORANDUM OF APPEAL, THAT IN VIEW OF THE ASSESSMENT ORDER U/S.147 HAS BEEN MADE BY THE ASSESSING OFFICER AT A LOSS AND ACCEPTED BY THE LEARNED CIT(A ), THE ASSESSEE IS NOT AGGRIEVED BY THE IMPUGNED ORDER OF THE LEARNED CIT(A). HE, THEREFORE, URGED THEREIN TO TREAT THIS APPEAL AS WITHDRAWN. THE LEARNED DR DID NOT HAVE ANY OBJECTION TO THE ABOVE SUBMISSIONS OF THE LEARNED AR OF THE ASSESSEE. IN VIEW THER EOF, WE HAVE NO HESITATION TO DISMISS THE APPEAL OF THE ASSESSEE AS WITHDRAWN. 3. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. PRONOUNCED IN OPEN COURT ON DT. 5 TH AUGUST, 2011 SD/ - SD/ - (K.S.S.PRASAD RAO) JUDICIAL MEMBER (K.K.GUPTA) ACCOUNTANT MEMBER DATE: 5 TH AUGUST, 2011 2 H.K.PADHEE, SENIOR PRIVATE SECRETARY. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT: 2. THE RESPONDENT: 3. THE CIT, 4. THE CIT(A), 5. THE DR, CUTTACK 6. GUARD FILE (IN DUPLICATE) TRUE COPY, BY ORDER, SENIOR PRIVATE SECRETARY.