IN THE INCOME TAX APPELLATE TRIBUNAL 'D' BENCH, MUMBAI BEFORE SHRI D.K. AGARWAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER ITA NO. 4865/MUM/2010 (ASSESSMENT YEAR: 2004-05) M/S. RELIANCE INDUSTRIES LTD. ACIT, LARGER TAX PAYE R UNIT 3RD FLOOR, MAKER CHAMBER-IV 29TH FLOOR, CENTER NO. 1, WORLD 222, NARIMAN POINT VS. TRADE CENTER, CUFFEE PARADE MUMBAI 400021 MUMBAI 400005 PAN - AAACR 5055 K APPELLANT RESPONDENT APPELLANT BY: SHRI HEM A. PANT RESPONDENT BY: DR. B. SENTHIL KUMAR DATE OF HEARING: 18.08.2011 DATE OF PRONOUNCEMENT: 26.08.2011 O R D E R PER B. RAMAKOTAIAH, A.M. THE ONLY ISSUE CONTESTED BY ASSESSEE AGAINST THE OR DER OF THE CIT(A) XXIV, MUMBAI DATED 29.04.2010 IS ABOUT LEVY OF INTE REST UNDER SECTION 234B ON THE TAX PAYABLE UNDER SECTION 115JB OF THE INCOME TAX ACT. 2. SINCE THE ISSUE HAS NOW BEEN DECIDED BY THE HON'BL E SUPREME COURT IN THE CASE OF JCIT VS. ROLTA INDIA LTD. 330 ITR 47 0 (SC), ASSESSEE, VIDE LETTER DATED 16.08.2011 INTENDED TO WITHDRAW THE AP PEAL FILED IN THIS REGARD. 3. THE LEARNED D.R. HAS NO OBJECTION. HENCE THE APPEA L IS TREATED AS WITHDRAWN. 4. IN THE RESULT, APPEAL IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 26 TH AUGUST 2011. SD/- SD/- (D.K. AGARWAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 26 TH AUGUST 2011 ITA NO. 4865/MUM/2010 M/S. RELIANCE INDUSTRIES LTD. 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) XXIV, MUMBAI 4. THE CIT LTU, MUMBAI, MUMBAI CITY 5. THE DR, D BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.