IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH C , NEW DELHI BEFORE SH. N. K. SAINI, AM AND SH. K. N. CHARY , JM ITA NO. 546 /DEL/201 5 : ASSTT. YEAR : 2007 - 08 SH. VIVEK AGARWAL, E - 384, GREATER KAILASH, PART - II, NEW DELHI - 110048 VS ASSTT. COMMISSIONER OF INCOME TAX, CENTRAL CIRCLE - 13, NEW DELHI (APPELLANT) (RESPONDENT) PAN NO. A A EPA0902H ASSESSEE BY : SH. VIKASH AGGARWAL , CA REVENUE BY : SH. ARU N KUMAR YADAV , SR. DR DATE OF HEARING : 19 .12 .201 7 DATE OF PRONOUNCE MENT : 22 .12 .201 7 ORDER PER N. K. SAINI, AM : THIS IS AN APPEAL BY THE AS SESSEE AGAINST THE ORDER DATED 22.12.2014 OF LD. CIT(A ) - XXVI , NEW DELHI. 2. DURING THE COURSE OF HEARING, T HE LD. COUNSEL FOR THE ASSESSEE FURNISHED THE APPLICATION DATED 19.12.2017 OF THE ASSESSEE STATING THEREIN AS UNDER: MOST RESPECTFULLY , THAT THE ABOVE NOTED APPEAL WAS FILED U/S 292BB AGAINST THE VALIDITY OF NOTICE ISSU ED U/S 143(2) AS THE SAME WAS NOT SERVED AND IS FIXED FOR HEARING IN YOUR HON BLE COURT TODAY ON 19.12.2017 AGAINST MY APPEAL FILED ON 28.01.2015. THE QUANTUM APPEAL FOR THE ABOVE YEAR HAS ALREADY BEEN DECIDED BY THE HON BLE HIGH COURT ITA NO . 546 /DE L /2015 VIVEK AG ARWAL 2 OF DELHI IN FAVOUR OF THE ASSESSEE AND AS SUCH THE ABOVE APPEAL HAS BECAME INCONSEQUENTIAL AND AS SUCH NOW I, WANT TO WITHDRAW THE ABOVE NOTED APPEAL FROM THE YOUR HON BLE COURT. IT IS THEREFORE, I PRAYED THAT THE ABOVE MENTIONED CASE FILE MAY KINDLY BE WITHDRAWN IN THE INT EREST OF JUSTICE. WITH REGARDS, SD/ - ( VIVEK AGARWAL ) 3. THE LD. DR DID NOT OBJECT IF THE APPEAL OF THE ASSESSEE IS TO BE DISMISSED AS WITHDRAWN. 4. IN VIEW OF THE ABOVE, THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5 . IN THE RESULT, T HE APPEAL OF THE ASSESSEE IS DISMISSED . (ORDER PRONOUNCED IN THE COURT ON 22 /12 /2017) SD/ - SD/ - (K. N. CHARY ) (N. K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 22 /12 /2017 *SUB ODH* COPY FORWARDED TO: 1 . APPELLANT 2 . RESPONDENT 3 . CIT 4 . CIT(APPEALS) 5 . DR: ITAT ASSISTANT REGISTRAR