-1- IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD BENCH 'D' BEFORE SHRI D K TYAGI - JM AND SHRI A K GARODIA - AM M A NO.221/AHD/2010 [ARISING OUT OF ITA NO.813/AHD/2008 (ASSESSMENT YEAR:-2002-03) M/S NISHANT CONSTRUCTION PVT. LTD., 801 802, REGENCY PLAZA, ANANDNAGAR CROSS ROAD, SATELLITE, AHMEDABAD V/S THE INCOME-TAX OFFICER, WARD-5(1), AHMEDABAD PAN: AAACN 3752 B [APPLICANT] [ORIGINAL RESPONDENT] [RESPONDENT] [ORIGINAL APPELLANT] ASSESSEE BY :- SHRI S N SOPARKAR, AR REVENUE BY:- SHRI G S SOORYAVANSHI, SR. DR DATE OF HEARING:- 13-01-2012 DATE OF PRONOUNCEMENT:- 13-01-2012 O R D E R PER D K TYAGI (JM) :- THIS MISCELLANEOUS APPLICATION HAS BEEN FILED BY THE ASSESSEE FOR MODIFYING / RECALLIN G OF ORDER DATED 20-08-2010 IN ITA NO.813/AHD/2008 FOR ASSESSM ENT YEAR 2002-03. 2 AT THE TIME OF HEARING, THE LEARNED COUNSEL OF TH E ASSESSEE PRAYED FOR WITHDRAWING THIS MISCELLANEOUS APPLICATI ON IN VIEW OF THE SUBSEQUENT ORDER OF AO DATED 29-12-2011 PASS ED BY HIM U/S 143(3) READ WITH SECTION 254 OF THE INCOME-TAX ACT, 1961. 2 THE LEARNED DR HAS NO OBJECTION. THEREFORE, THE MIS CELLANEOUS APPLICATION IS DISMISSED, AS WITHDRAWN. ORDER PRONOUNCED IN THE COURT TODAY ON 13-01-2012 SD/- SD/- (A K GARODIA) ACCOUNTANT MEMBER (D K TYAGI) JUDICIAL MEMBER DATE : 13-01-2012 COPY OF THE ORDER FORWARDED TO: 1. M/S NISHANT CONSTRUCTION PVT. LTD., 801 802, R EGENCY PLAZA, ANANDNAGAR CROSS ROAD, SATELLITE, AHMEDABAD 2. THE INCOME-TAX OFFICER, WARD-5(1), AHMEDABAD 3. CIT CONCERNED 4. CIT(A)-XI, AHMEDABAD 5. DR, ITAT, AHMEDABAD BENCH-D, AHMEDABAD 6. GUARD FILE BY ORDER DEPUTY REGISTRAR ASSISTANT REGISTRAR ITAT, AHMEDABAD