IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH A MUMBAI BEFORE SHRI JOGINDER SINGH (VICE PRESIDENT) AND SHRI N.K. PRADHAN (ACCOUNTANT MEMBER) ITA NO. 6835/MUM/2017 ASSESSMENT YEAR: 2010 - 11 ANIL P. MEHTA 105, APOLLO STREET, 2 ND FLOOR, ROOM NO. 31, M.S. MARG, FORT, MUMBAI - 400023. VS. ACIT - 17(1), MUMBAI ERSTWHILE DCIT - 12(1), , AAYAKAR BHAVAN, M.K. ROAD, MUMBAI - 400020. PAN NO. AACPM1170B APPELLANT RESPONDENT ASSESSEE BY : MS. RAASHI SHAH, AR REVENUE BY : M R. SATISH CHANDRA RAJORE , DR DATE OF HEARING : 09/01/2019 DATE OF PRONOUNCEMENT : 22/01/2019 ORDER PER N.K. PRADHAN, AM THIS IS AN APPEAL FILED BY THE ASSESSEE . THE RELEVANT ASSESSMENT YEAR IS 2010 - 1 1 . THE APPEAL IS DIRECTED AGAINST THE ORDER OF THE COMMISSIONER OF INCOME TAX (APPEALS) - 28 , MUMBAI [IN SHORT CIT(A)] AND ARISES OUT OF THE ORDER U/S 154 OF THE INCOME TAX ACT 1961, (THE ACT). 2. DURING THE COURSE OF HEARING, THE LD. COUNSEL OF THE ASSESSEE FI LED A LETTER DATED 07.01.2019 STATING THAT THE ASSESSING OFFICER (AO) HAS CARRIED OUT THE NECESSARY RECTIFICATION AND REFUND HAS ALREADY BEEN GRANTED TO THE ASSESSEE. IT IS SUBMITTED BY HIM THAT IN VIEW OF THE ABOVE, ANIL P. MEHTA ITA NO. 6835/MUM/2017 2 ON THE INSTRUCTION OF THE ASSESSEE, HE WOULD LIKE TO WITHDRAW THE ABOVE APPEAL. THE LD. DR HAD NO OBJECTION TO THE ABOVE REQUEST OF THE ASSESSEE. 3. IN VIEW OF THE FACT THAT THE AO HAS ALREADY CARRIED OUT THE NECESSARY RECTIFICATION AND REFUND HAS ALREADY BEEN GRANTED TO THE ASSESSEE, WE AGREE WITH THE REQUEST OF THE LD. COUNSEL FOR WITHDRAWAL OF THE APPEAL. 4. IN THE RESULT, THE APPEAL IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22/01/2019. SD/ - SD/ - (JOGINDER SINGH) (N.K. PRADHAN) VICE PRESIDENT ACCOUNTANT MEMBER MUMBAI ; DATED: 22/01/2019 RAHUL SHARMA, SR. P.S. COPY OF THE ORDER FORWARDED TO : 1. THE APPELLANT 2. THE RESPONDENT. 3. THE CIT(A) - 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE . BY ORDER, //TRUE COPY// ( SR. PRIVATE SECRETARY ) ITAT, MUMBAI