IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH : D : NEW DELHI BEFORE SH. H.S. SIDHU , JUDICIAL M EMBER AND SH. O.P. KANT , ACCOUNTANT MEMBER ITA NO. 4549 /DEL/ 20 13 ASSESSMENT YEAR: 2009 - 10 M/S. JYOTI HERBS (INDIA) PVT. LTD., MOHEBEWALA INDL. AREA, DEHRADUN. VS. ASSTT. COMMISSIONER OF INCOME TAX, CIRCLE - 2, DEHRADU N . PAN : AABCJ4403E (APPELLANT) (RESPONDENT) APPELLANT BY SH. RAHUL KHARE, ADV. RESPONDENT BY MS. RICHA RASTOGI, SR.DR DATE OF HEARING 25.04.2016 DATE OF PRONOUNCEMENT 27.04.2016 ORDER PER O.P. KANT , A. M. : THIS APPEAL BY THE ASSESSEE IS DIRECTED AGAINST THE ORDER OF LEARNED COMMISSIONER OF INCOME TAX(APPEALS) - II, KANPUR, DATED 28.03.2013 FOR THE ASSESSMENT YEAR 2009 - 10. 2. AT THE OUTSET, SH. RAHU L KHARE , COUNSEL APPEARING ON BEHALF OF THE ASSESSEE PRAYED TO WITHDRAW THE APPEAL ON THE GROUND THAT THE INCOME TAX DEPARTMENT HAS RE - OPENED THE CASE U/S. 148 OF THE INCOME - TAX ACT, 1961. IN SUPPORT OF HIS CONTENTION, HE HAS FILED APPLICATION DATED 25.04.2016 AL ONG WITH POWER OF ATTORNEY. 2 ITA NO. 4549/DEL/2013 AY: 2009 - 10 3. IN VIEW OF ABOVE , THE APPEAL FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. THE DECISION IS PRONOUNCED IN THE OPEN COURT ON 2 7 T H APRIL , 2016 . S D / - S D / - ( H.S. SIDHU ) ( O.P. KANT ) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 2 7 T H APRIL , 2016 . RK/ - COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(A) 5. DR ASST. REGISTRAR, ITAT, NEW DELHI