IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE BANGALORE BANGALORE BANGALORE BENCH BENCH BENCH BENCH A AA A BEFORE BEFORE BEFORE BEFORE SHRI SHRI SHRI SHRI N. N.N. N.K. SAINI, ACCOUNTANTMEMBER K. SAINI, ACCOUNTANTMEMBER K. SAINI, ACCOUNTANTMEMBER K. SAINI, ACCOUNTANTMEMBER A AA AND NDND ND SMT. P.MADHAVI DEVI, JUDICIAL MEMBER SMT. P.MADHAVI DEVI, JUDICIAL MEMBER SMT. P.MADHAVI DEVI, JUDICIAL MEMBER SMT. P.MADHAVI DEVI, JUDICIAL MEMBER MISC.PETN.NO.1(BANG)/2012 (IN ITA NO.156(BANG)/2009) (ASSESSMENT YEAR: 2005-06) M/S.PRASHANT RICE INDUSTR IES, PB ROAD, DAVANGERE VS. PETITIONER INCOME-TAX OFFICER, WARD-2, DAVANGERE RESPONDENT PETITIONER BY: SHRI PADAMCHAND KHINCHA. RESPONDENT BY : SHRI SARAVANAN B. DATE OF HEARING: 10-02-2012 DATE OF PRONOUNCEMENT: 10-02-2012 O R D E R O R D E R O R D E R O R D E R PER PER PER PER N.K.SAINI, AM: N.K.SAINI, AM: N.K.SAINI, AM: N.K.SAINI, AM: THIS MISCELLANEOUS PETITION, ARISING OUT OF THE OR DER DATED 30-9-2009 IN ITA NO.156(BANG)/2009 FOR THE ASSESSME NT YEAR 2005-06, HAS BEEN FILED BY THE ASSESSEE. DURING TH E COURSE OF HEARING, LEARNED COUNSEL FOR ASSESSEE, AT THE VERY OUTSET, STATED THAT HE HAS INSTRUCTIONS TO WITHDRAW THIS MISCELLAN EOUS PETITION AND GAVE IN WRITING AS UNDER: I AMWITHDRAWING THE MP SD/- PADAMCHAND KHINCHA, A/R 10/2/2012 MP 1(BANG)/2012 PAGE 2 OF 2 2. LEARNED DR DID NOT OBJECT IF THE MISC. PETN. IS DISMISSED AS WITHDRAWN. 3. CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DIS MISSED AS WITHDRAWN. 4. IN THE RESULT, MP FILED BY THE ASSESSEE IS DISMI SSED. ( ORDER PRONOUNCED IN THE OPEN COURT ON 10 TH FEBRUARY, 2012) SD/- SD/- (SMT. P.MADHAVI DEVI) (SMT. P.MADHAVI DEVI) (SMT. P.MADHAVI DEVI) (SMT. P.MADHAVI DEVI) JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER JUDICIAL MEMBER (N.K. SAINI) (N.K. SAINI) (N.K. SAINI) (N.K. SAINI) ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER ACCOUNTANT MEMBER PLACE: BANGALORE DATE: 10 TH FEBRUARY 2012. EKS COPY TO : COPY TO : COPY TO : COPY TO : 1. APPELLANT 2. RESPONDENT 3. CIT(A) CONCERNED 4. CIT 5. DR, ITAT, BANGALORE 6. GUARD FILE BY ORDER ASSISTANT REGISTRAR, ITAT, BANGALORE