, A , IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH: KOL KATA () BEFORE , /AND . . . . ' '' ''# '#'# '#, $% ) [BEFORE SHRI MAHAVIR SINGH, JM & SHRI ABRAHAM P. GEORGE, AM] & / I.T.A NO.820/KOL/2010 '( )*/ ASSESSMENT YEAR: 2004-05 SHRI JYOTI MOHAN MALL VS. COMMISSIONER OF INCOM E-TAX, KOL-XV, (PAN:AEAPM5914K) KOLKATA. (,- /APPELLANT ) (./,-/ RESPONDENT ) DATE OF HEARING: 27.05.2014 DATE OF PRONOUNCEMENT: 27.05.2014 FOR THE APPELLANT: SHRI B. C. JAIN, FCA FOR THE RESPONDENT: SHRI SWETABH SUMAN, CIT, DR $0 / ORDER PER SHRI MAHAVIR SINGH, JM : THIS APPEAL BY ASSESSEE IS ARISING OUT OF REVISION ORDER OF CIT-XV, KOLKATA PASSED IN NO. CIT/KOL-XV/263/09-10/3818-3820 DATED 30.03.2010 . ASSESSMENT WAS FRAMED BY ACIT, CIRCLE-43, KOLKATA U/S. 143(3)/153C OF THE INCOME-T AX ACT, 1961 (HEREINAFTER REFERRED TO AS THE ACT) FOR ASSESSMENT YEAR 2004-05 VIDE HIS ORDER DA TED 31.12.2007. 2. AT THE TIME OF HEARING LD. COUNSEL FOR THE ASSES SEE SUBMITTED THAT LD. DCIT, CIRCLE-43, KOLKATA HAS PASSED A CONSEQUENTIAL ORDER U/S. 263/1 43(3)/153C OF THE ACT DATED 31.12.2010 IN CONSEUQENCE TO THE ORDER PASSED BY CIT, KOL-XV U/S. 263 OF THE ACT VIDE DATED 30.03.2010 AND THE AO HAS ACCEPTED THE CLAIM OF ASSESSEE. HENCE, AS INSTRUCTED BY THE ASSESSEE, LD. COUNSEL FOR THE ASSESSEE DID NOT WANT TO PURSUE THIS APPEAL AND HE PRAYS THE SAME MAY BE TREATED AS WITHDRAWN. SINCE LD. COUNSEL FOR THE ASSESSEE DID NOT WANT TO PURUSE THIS APPEAL AND THE LD. DR HAS GOT NO OBJECTION TO THE WITHDRAWAL OF THE SA ME, WE DISMISS THE APPEAL FILED BY ASSESSEE AS WITHDRAWN. 3 . IN THE RESULT, APPEAL OF ASSESSEE IS DISMISSED AS W ITHDRAWN. 4. ORDER IS PRONOUNCED IN THE OPEN COURT. SD/- SD/- . . . . ' '' ''# '#'# '# , $% , (ABRAHAM P. GEORGE ) (MAHAVIR SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 27 TH MAY, 2014 12 '3' 4 JD.(SR.P.S.) 2 ITA NO.820/K/2010 JYOTI MOHAN MALL. AY 2004-05 $0 5 . 6$ )7- COPY OF THE ORDER FORWARDED TO: 1 . ,- / APPELLANT SHRI JYOTI MOHAN MALL, 216, MAHATMA GAN DHI ROAD, KOLKATA-700 007 2 ./,- / RESPONDENT CIT, KOL-XV, KOLKATA. 3 . 0' ( )/ THE CIT(A), KOLKATA 4. 5. 0' / CIT KOLKATA <= .' / DR, KOLKATA BENCHES, KOLKATA / ./ TRUE COPY, $0'>/ BY ORDER, ' /ASSTT. REGISTRAR .