1 IN THE INCOME TAX APPELLATE TRIBUNAL H BENCH, MUMBAI BEFORE SHRI RAJENDRA SINGH(AM) AND SHRI VIJAY PA L RAO, (JM) ITA NO.3768/M/2008 ASSESSMENT YEAR 2002-03 AKHTAR HUSSAIN KHAN THE CIT CENTRAL CIRCLE-1 A-101/102, 1 ST FLOOR SAVINA APARTMENT, OLD CGO BUILDING, R.NO.10 01, NEAR HOME GUARD CENTRE, ASALFA 1 ST FLOOR, ANNEX, M.K.ROAD, GHATKOPAR (WEST), MUMBAI 400 084. MUMBAI 400 020. PAN : AEMPK 0686 E APPELLANT RESPONDENT ASSESSEE BY : SHRI J.R. BHATT REVENUE BY : SMT. REENA JHA TRIPATHI O R D E R PER RAJENDRA SINGH (AM) THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST TH E ORDER DATED 19.03.2008 OF CIT UNDER SECTION 263 OF THE INCOME-T AX ACT. THE ASSESSEE IN THIS APPEAL HAS CHALLENGED THE ORDER OF CIT SETTING ASIDE THE ASSESSMENT MADE UNDER SECTION 143(3) TO BE MADE AFRESH AFTER OPPORT UNITY OF HEARING TO THE ASSESSEE. HOWEVER AT THE TIME OF HEARING OF APPEAL THE LEARNED AR FOR THE ASSESSEE SUBMITTED THAT THE ASSESSEE WAS WITHDRAWIN G THE APPEAL AND A WRITTEN LETTER TO THAT EFFECT WAS FILED. THE LEARNE D DR HAS NO OBJECTION IN THE MATTER. WE THEREFORE DISMISS THE APPEAL OF THE ASSE SSEE AS WITHDRAWN. 2 2. IN THE RESULT APPEAL OF THE ASSESSEE STANDS DISM ISSED. 3. THE ORDER WAS PRONOUNCED IN THE OPEN COURT TODAY I.E. 16.03.2011. SD/- SD/- ( VIJAY PAL RAO ) (RAJENDRA SI NGH) JUDICIAL MEMBER ACCOUNTANT MEMBER DATE : 16.03.2011 AT :MUMBAI COPY TO : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A), MUMBAI CONCERNED 4. THE CIT, MUMBAI CITY CONCERNED 5. THE DR H BENCH, ITAT, MUMBAI // TRUE COPY// BY ORDER ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI ALK