, , IN THE INCOME TAX APPELLATE TRIBUNAL B BENCH, CHENNAI . . . , , BEFORE SHRI N.R.S. GANESAN, JUDICIAL MEMBER AND SHRI INTURI RAMA RAO, ACCOUNTANT MEMBER MISCELLANEOUS PETITION NO. 120/CHNY/2019 [ IN I.T.A. NO. 339/CHNY/2018] ( [ [ / ASSESSMENT YEAR : 2007-08) M/S. TATA TELESERVICES LIMITED, 13 TH FLOOR, PRIME INFOCITY-II, RAJIV GANDHI SALAI, KANDANCHAVADI, CHENNAI 600 096. PAN: AAACT 2438A V. THE INCOME TAX OFFICER, TDS II(5), CHENNAI - 34 (APPLICANT ) ( /RESPONDENT) / APPLICANT BY : NONE /RESPONDENT BY : SHRI AR.V. SREENIVASAN, JCIT /DATE OF HEARING : 09.08.2019 /DATE OF PRONOUNCEMENT : 09.08.2019 / O R D E R PER N.R.S. GANESAN, JUDICIAL MEMBER : WHEN THE MISCELLANEOUS PETITION IS TAKEN UP FOR HEARING, IT IS BROUGHT TO THE NOTICE OF THE BENCH THAT ON APPEAL BY THE ASSESSEE, THE HIGH COURT CONFIRMED THE ORDER OF THE TRIBUNAL IN TAX CASE APPEAL NO.411 OF 2019, ORDER DATED 02.07.2019. THEREFORE THE MISCELLANEOUS APPLICATION BECOMES INFRUCTUOUS AND HENCE THE 2 MA NO. 120/MDS/2019 SAME MAY BE PERMITTED TO BE WITHDRAWN. WE HEARD SHRI AR.V. SREENIVASAN, THE LD. DEPARTMENTAL REPRESENTATIVE ALSO. 2. IT IS NOT IN DISPUTE THAT THE HIGH COURT DISMISSED THE APPEAL OF THE ASSESSEE. THEREFORE THE ORDER OF THE TRIBUNAL MERGED WITH THE ORDER OF THE HIGH COURT. HENCE NOTHING SURVIVES FOR ADJUDICATION. MOREOVER THE ASSESSEE PRAYS FOR PERMISSION TO WITHDRAWAL OF THE MISCELLANEOUS PETITION. IN VIEW OF THE ABOVE, THE MISCELLANEOUS PETITION STANDS DISMISSED. 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 9 TH AUGUST, 2019 AT CHENNAI. SD/- SD/- ( ) (INTURI RAMA RAO) /ACCOUNTANT MEMBER ( . . . ) (N.R.S. GANESAN) /JUDICIAL MEMBER /CHENNAI, /DATED, THE 9 TH AUGUST, 2019 RSR . /COPY TO: 1. / APPLICANT 2. / RESPONDENT 3. ( ) /CIT(A) 4. /CIT 5. /DR 6. [ /GF.