IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD, B BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND D.K. TYAGI, JUDICIAL MEMBER) ITA NO.636/AHD/2009 [ASSTT. YEAR : 2004-2005] KANUBHAI MAFATLAL PATEL 602, SHILP BUILDING NAVRANGPURA, AHMEDABAD. VS. ITO, WARD-9(2) AHMEDABAD. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI MEHUL K. PATEL REVENUE BY : SHRI ALOK JOHRI O R D E R PER G.D. AGARWAL, VICE-PRESIDENT : THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX -II, AHMEDABAD PASSED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961. 2. THE ONLY GROUND RAISED BY THE ASSESSEE IS AGAINS T THE PASSING OF THE ORDER UNDER SECTION 263 OF THE ACT BY THE CIT-II. AT THE TIME OF HEARING BEFORE US, THE LEARNED COUNSEL FOR THE ASSESSEE SOUGHT PER MISSION TO WITHDRAW THE APPEAL. THE LEARNED DR HAS NO OBJECTION TO THE ABO VE REQUEST OF THE ASSESSEE. WE THEREFORE PERMIT THE ASSESSEE TO WITHDRAWAL THE APPEAL FILED BY THE ASSESSEE. 7. IN RESULT, THE APPEAL OF THE ASSESSEE IS DISMISS ED AS BEING WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 7 TH MARCH, 2011 SD/- SD/- (D.K. TYAGI) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 07-03-2011 C OPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER DR/AR, ITAT, AHMEDABAD