IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI B.R. BASKARAN (AM) & SANDEEP GOSAIN (JM) I.T.A. NO. 696 /MUM/20 15 (ASSESSMENT YEAR 20 05 - 06 ) M/S. TALENT INFOWAY LIMITED BLOCK H, SHRI SADASHIV CHS LTD., 6 TH ROAD SANTACRUZ(E) MUMBAI - 400 0 55. VS. DCIT CC - 46 ROOM NO. 659 6 TH FLOOR AAYAKAR BHAVAN M.K. ROAD MUMBAI - 400 020. ( APPELLANT ) ( RESPONDENT ) PAN NO . AACCT9444L ASSESSEE BY SHRI MUKESH CHOKSI DEPARTMENT BY S HRI PURUSHOTTAM KUMAR DATE OF HEARING 21 .2 . 201 7 DATE OF PRONOUN CEMENT 21 .2 . 201 7 O R D E R PER B.R. BASKARAN (AM) : - THE ASSESSEE HAS FILED THIS APPEAL CHALLENGING THE ORDER PASSED BY LD CIT(A) - 38, MUMBAI CONFIRMING THE PENALTY LEVIED U/S 271(1)(C) OF THE ACT FOR ASSESSMENT YEAR 2005 - 06. 2. AT THE TIME OF HE ARING, THE DIRECTOR OF THE ASSESSEE COMPANY NAMED SHRI MUKESH CHOKSI APPEARED BEFORE THE BENCH AND SUBMITTED THAT THE ASSESSEE COMPANY HAS FILED APPEAL SECOND TIME BY INADVERTENCE AND ACCORDINGLY SUBMITTED THAT THE ASSESSEE IS WITHDRAWING THE PRESENT APPEA L, SINCE THE ORIGINAL APPEAL HAS ALREADY BEEN DISPOSED OF. HE ALSO MADE NECESSARY ENDORSEMENT IN THE ORDER SHEET IN THIS REGARD BY AFFIXING HIS SIGNATURE. 2 3. THE LD D.R DID NOT OBJECT TO THE PLEA PUT FORTH BY THE ASSESSEE. 4. HAVING REGARD TO TH E SUBMISSIONS, WE ALLOW THE ASSESSEE TO WITHDRAW THE PRESENT APPEAL FILED BY IT. ACCORDINGLY THE APPEAL OF THE ASSESSEE IS DISMISSED AS WITHDRAWN. 5. IN THE RESULT, THE APPEAL OF THE ASSESSEE IS DISMISSED. ORDER HAS BE E N PRONOUNCED IN THE COURT ON 2 1 . 2 .201 7. SD/ - SD/ - (SANDEEP GOSAIN ) (B.R.BASKARAN) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI ; DATED : 21 / 2 / 20 1 7 COPY OF THE ORDER FORWARDED T O : 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) 4. CIT 5. DR, ITAT, MUMBAI 6. GUARD FILE. BY ORDER, //TRUE COPY// ( DY./ASSTT. REGISTRAR) PS ITAT, MUMBAI