IN THE INCOME TAX APPELLATE TRIBUNAL LUCKNOW BENCH A , LUCKNOW BEFORE SHRI S UNIL KUMAR YADAV , JUDICIAL MEMBER AND SHRI. PRAMOD KUMAR, ACCOUNTANT MEMBER ITA NO. 319/LKW/2011 ASSESSMENT YEAR: 2007 - 08 KOTHARI PRODUCTS LTD. 24/19, THE MALL KANPUR V. C IT (CENTRAL) KANPUR PAN: AAACJ5571F (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI. PRADEEP KUMAR KAPOOR, C.A. RESPONDENT BY: SHRI. S. L. MEENA, D.R. DATE OF HEARING: 30.05.13 DATE OF PRONOUNCEMENT: 28.06.13 O R D E R PER SUNIL KUMAR YADAV: THIS APPEAL IS PREFERRED BY THE ASSESSEE AGAINST THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX PASSED UNDER SECTION 263 OF THE INCOME - TAX ACT, 1961 (HEREINAFTER CALLED IN SHORT THE ACT'). 2 . DURING THE COURSE OF HEARING OF THE APPEAL, THE LD. COUNSEL FOR THE ASSESSEE MOVED AN APPLICATION STATING THEREIN THAT CONSEQUENT TO THE ORDER OF THE LD. COMMISSIONER OF INCOME - TAX PASSED UNDER SECTION 263 OF THE ACT, THE ASSESSING OFFICER HAS PASSED AN ORDER VIDE ORDER DATED 5.8.2011 AND THE ASSESSEE HAS NO GRIEVANCE AGAINST THE ASSESSMENT ORDER DATED 5.8.2011. THEREFORE, ASSESSEE DOES NOT WANT TO PROSECUTE THIS APPEAL. ACCORDINGLY THE SAME MAY BE TREATED AS WITHDRAWN. : - 2 - : 3 . THE LD. D.R. DID NOT RAISE ANY OBJECTION TO THE PRAYER OF THE LD. COUNSEL FOR THE ASSESSEE. 4 . ACCORDI NGLY THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 28.6.2013. SD/ - SD/ - [PRAMOD KUMAR] [ S UNIL KUMAR Y ADAV ] ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 28.6.2013 JJ: 1806 COPY FORWARDED TO: 1 . APPELLANT 2 . RESPO NDENT 3 . CIT(A) 4 . CIT 5 . DR ASSISTANT REGISTRAR