IN THE INCOME TAX APPELLATE TRIBUNAL A BENCH, CHENNAI BEFORE SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER AN D SHRI GEORGE MATHAN, JUDICIAL MEMBER .. I.T.A. NO. 829/MDS/2010 ASSESSMENT YEAR : 2005-06 M/S. ESWARAN & SONS ENGINEERS LTD., TEMPLE TOWER 6 TH FLOOR, NO.672, ANNA SALAI, CHENNAI-600 035. (PAN : AAACE1363P) V. THE ASSISTANT COMMISSIONER OF INCOME-TAX, COMPANY CIRCLE-II(1), CHENNAI. (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SAROJ KUMAR PARIDA, ADVOCATE RESPONDENT BY : SHRI SHAJI P. JACOB, SR. DR DATE OF HEARING : 17-08-201 1 DATE OF PRONOUNCEMENT : 17-08-2011 O R D E R PER GEORGE MATHAN, JUDICIAL MEMBER : THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST TH E ORDER OF THE LEARNED COMMISSIONER OF INCOME TAX, CHENNAI-I, CHENNAI PASS ED UNDER SECTION 263 OF THE INCOME TAX ACT, 1961 IN C. NO. 218(81)/CIT-I/263/09 -10 DATED 19-3-2010 FOR THE ASSESSMENT YEAR 2005-06. I.T.A. NO.829/MDS/2010 2 2. SHRI SAROJ KUMAR PARIDA, ADVOCATE REPRESENTED ON BEHALF OF THE ASSESSEE AND SHRI SHAJI P. JACOB, LEARNED SR. DR REPRESENTED ON BEHALF OF THE REVENUE. 3. AT THE TIME OF HEARING THE LEARNED AUTHORISED RE PRESENTATIVE SUBMITTED THAT AS A CONSEQUENCE OF THE ORDER OF THE LEARNED CIT, T HE ASSESSING OFFICER HAD COMPLETED THE ASSESSMENT UNDER SECTION 143(3) READ WITH SECTION 263 OF THE ACT ACCEPTING THE CLAIM OF THE ASSESSEE. IN THE CIRCUM STANCES IT WAS SUBMITTED THAT THE ASSESSEE WAS NO MORE INTERESTED IN PROSECUTING THE APPEAL. IN REPLY, THE LEARNED DR SUBMITTED THAT HE HAD NO OBJECTION. CON SEQUENTLY, THE APPEAL OF THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. 4. THE ORDER WAS PRONOUNCED IN THE COURT ON 17/08/2 011. SD/- SD/- (ABRAHAM P. GEORGE) (GEORGE MATHAN) ACCOUNTANT MEMBER JUDICIAL MEMBER CHENNAI, DATED THE 17 TH AUGUST, 2011. H. COPY TO: ASSESSEE/AO/CIT (A)/CIT/D.R./GUARD FILE