IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, PUN E , , ! ' , #$ BEFORE SHRI R.K. PANDA, AM AND SHRI VIKAS AWASTHY, JM / ITA NO. 500/PN/2014 #% & '& / ASSESSMENT YEAR : 2009-10 GOVIND SHIVRAM KULKARNI, FRACTURE & ORTHAPAEDIC HOSPITAL, EXTENSION AREA, MIRAJ, SANGLI PAN : ACCPK5416E ....... / APPELLANT (% / V/S. JOINT COMMISSIONER OF INCOME TAX, RANGE 2, SANGLI / RESPONDENT ASSESSEE BY : SHRI C.H. NANIWADEKAR REVENUE BY : SHRI DHEERAJ KUMAR JAIN / DATE OF HEARING : 18-08-2015 / DATE OF PRONOUNCEMENT : 18-08-2015 ) / ORDER PER VIKAS AWASTHY, JM : THE APPEAL HAS BEEN FILED BY THE ASSESSEE AGAINST THE OR DER OF COMMISSIONER OF INCOME TAX (APPEALS), KOLHAPUR DATED 13-1 2-2012 FOR THE ASSESSMENT YEAR 2009-10. 2 ITA NO. 500/PN/2014, A.Y. 2009-10 2. AT THE OUTSET SHRI C.H. NANIWADEKAR APPEARING ON BEH ALF OF THE ASSESSEE SUBMITTED THAT AGAINST THE AFORESAID ORDER OF C OMMISSIONER OF INCOME TAX (APPEALS), THE ASSESSEE HAD FILED APPEAL IN ITA NO. 642/PN/2013 WHICH WAS PARTLY ACCEPTED BY THE TRIBUNAL VIDE ORDER DATED 30-10-2014. THIS APPEAL HAS BEEN INADVERTENTLY FILE D. THE ASSESSEE MAY BE PERMITTED TO WITHDRAW THE SAME. THE LD . AR OF THE ASSESSEE PLACED ON RECORD A COPY OF THE ORDER OF TRIBUN AL IN ITA NO. 642/PN/2013 DECIDED ON 30-10-2014. 3. SHRI DHEERAJ KUMAR JAIN REPRESENTING THE DEPARTMENT ADMITTED THE FACT THAT THE APPEAL OF THE ASSESSEE AGAINST THE SA ME IMPUGNED ORDER HAS ALREADY BEEN DECIDED BY THE TRIBUNAL. 4. BOTH SIDES HEARD. IN VIEW OF THE FACT THAT THE IMPUGN ED ORDER HAS ALREADY BEEN SUBJECT MATTER OF APPEAL IN ITA NO. 642 /PN/2013 BEFORE THE TRIBUNAL DECIDED ON 30-10-2014, THE PRAYER O F ASSESSEE IS ACCEPTED. ACCORDINGLY, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON TUESDAY, THE 18 TH DAY OF AUGUST, 2015 AFTER THE HEARING. SD/- SD/- ( . . / R.K. PANDA) ( ! ' / VIKAS AWASTHY) #' / ACCOUNTANT MEMBER $ % #' / JUDICIAL MEMBER / PUNE; / DATED : 18 TH AUGUST, 2015 RK 3 ITA NO. 500/PN/2014, A.Y. 2009-10 )*+#,-!.!', / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT. 2. / THE RESPONDENT. 3. ' () / THE CIT(A), KOLHAPUR 4. ' / THE CIT-I/II, KOLHAPUR 5. !*+ %%,- , ,- , . /01 , / DR, ITAT, A BENCH, PUNE. 6. + 2 34 / GUARD FILE. // ! % // TRUE COPY// #5 / BY ORDER, %6 ,1 / PRIVATE SECRETARY, ,- / ITAT, PUNE