IN THE INCOME TAX APPELLATE TRIBUNAL AT AHMEDABAD AHMEDABAD B BENCH (BEFORE S/SHRI G.D. AGARWAL, VICE-PRESIDENT AND MAHAVIR SINGH, JUDICIAL MEMBER) ITA NO.907/AHD/2007 ASSTT.YEAR : 2003-2004 M/S.REINHARDT ROTO MACHINE 1 ST FLOOR, PANORAMA BLDG. ALKAPURI, BARODA. VS. ACIT, CIR.2 BARODA. (APPELLANT) (RESPONDENT) ASSESSEE BY : SHRI D.K.PARIKH REVENUE BY : SMT.NEETA SHAH O R D E R PER G.D. AGARWAL, VICE-PRESIDENT: THIS IS ASSESSEES APPEAL AGAINST THE ORDER OF THE CIT(A)-II, BARODA DATED 8- 12-2006 FOR A.Y.2003-2004 ARISING OUT OF THE ORDER OF THE ASSESSING OFFICER U NDER SECTION 143(3) OF THE I.T.ACT. IN THE APPEAL THE ASSESSEE HAS RAISED GROU NDS REGARDING DENIAL OF CLAIM UNDER SECTION 80IB AND CHARGING OF INTEREST UNDER S ECTION 234D OF THE ACT, AS SET OUT IN THE MEMORANDUM OF APPEAL. 2. DURING THE PENDENCY OF THE APPEAL BEFORE THE TRI BUNAL, THE ASSESSEE HAS FILED A LETTER 01-01-2010 SEEKING WITHDRAWAL OF THE ABOVE APPEAL. AT THE TIME OF HEARING THE LEARNED COUNSEL FOR THE ASSESSEE ALS O SOUGHT PERMISSION FOR WITHDRAWAL OF THE APPEAL IN VIEW OF THE ABOVE LETTE R THE ASSESSEE. THE LEARNED DR DID NOT OPPOSE TO THE REQUEST OF THE ASSESSEE. 3. IN VIEW OF THE ABOVE WE DISMISS THE APPEAL OF TH E ASSESSEE AS BEING WITHDRAWN. ORDER PRONOUNCED IN OPEN COURT ON 22 ND APRIL, 2010. SD/- SD/- (MAHAVIR SINGH) JUDICIAL MEMBER (G.D. AGARWAL) VICE-PRESIDENT PLACE : AHMEDABAD DATE : 22-04-2010 ITA NO.907/AHD/2007 -2- VK* COPY OF THE ORDER FORWARDED TO: 1) : APPELLANT 2) : RESPONDENT 3) : CIT(A) 4) : CIT CONCERNED 5) : DR, ITAT. BY ORDER AR, ITAT, AHMEDABAD