IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES C : MUMBAI BEFORE SHRI D. MANMOHAN, VICE PRESIDENT AND SHRI T.R. SOOD, ACCOUNTANT MEMBER ITA. NO.3132/MUM/2010 ASSESSMENT YEAR 2005-2006 MR. PAVAN B. JOSHI MUMBAI 400 072 PAN AABPJ9096J VS. ACIT 21 (3) MUMBAI. (APPELLANT) (RESPONDENT) FOR APPELLANT : WITHDRAWAL LETTER DT. 19-7-2011 FOR RESPONDENT : SHRI JITENDRA YADAV, SR. D.R. ORDER PER D. MANMOHAN, V.P. 1. AT THE TIME OF HEARING, LEARNED COUNSEL PLACED A COPY OF THE LETTER FILED BY THE ASSESSEE WHICH READS AS UND ER : I HAVE FILED THE ABOVEMENTIONED APPEAL ON 22-04-20 10 AGAINST THE ORDER DATED 01-02-2010 PASSED BY LEARNED CIT(A) CONFIRMING THE ACTION OF THE LEARNED A.O. IN LEVYIN G CONCEALMENT PENALTY OF RS.3,70,256/- UNDER SECTION 271 (1) (C) OF THE INCOME TAX ACT, 1961. TO AVOID ANY FURTHER LITIGATION WITH THE DEPARTMENT AND TO BUY PEACE OF MIND, I AM WITHDRAWI NG THE PRESENT APPEAL. 2. LEARNED DR HAS NO OBJECTION FOR THE SAME. UNDER THE CIRCUMSTANCES, WE PERMIT THE ASSESSEE TO WITHDRAW I TS APPEAL AND ACCORDINGLY DISMISS THE APPEAL FILED BY THE ASSESSE E, AS PRONOUNCED IN THE OPEN COURT. SD/- SD/- (T.R.SOOD) (D.MANMOHAN) ACCOUNTANT MEMBER VICE PRESIDENT MUMBAI, DATE 21 ST JULY, 2011 VBP/- 2 COPY TO 1. MR. PAVAN B. JOSHI, C/O. M/S. JOSHI PLASTIC INDU STRIES, JOSHI BLDG., OPP. SANTOGEN MILL, SAKI VIHAR ROAD, POWAI, MUM BAI 400 072 PAN AABPJ9096J 2. DCIT 21(3), MUMBAI. 3. CIT(A)-32, MITTAL COURT, B WING, R.NOS. 13 & 1 4, 3 RD FLOOR, NARIMAN POINT, MUMBAI 400 021. 4. CIT, CITY-21, MUMBAI 5. DR C BENCH 6. GUARD FILE (TRUE COPY) BY ORDER ASST. REGISTRAR, ITAT, MUMBAI BENCHES MUMBAI.