IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH; AMRITSAR. BEFORE SH. H.S. SIDHU, JUDICIAL MEMBER AND SH. B.P.JAIN, ACCOUNTANT MEMBER M.A. NO.31(ASR)/2010 ARISING OUT OF I.T.A. NO.259(ASR)/2008 ASSESSMENT YEAR: 2004-05 PAN :AAHFB8124H M/S. BALWINDER SINGH ENGINEERS & VS. THE INCOME TA X OFFICER, CONTRACTOR, BATHINDA. WARD 1(1), BATHINDA. (APPELLANT) (RESPONDENT) APPELLANT BY:NONE RESPONDENT BY:SH. AMRIK SINGH, DR DATE OF HEARING:12/10/2012 DATE OF PRONOUNCEMENT:12/10/2012 ORDER PER BENCH ; THE ASSESSEE HAS FILED THE PRESENT MISCELLANEOUS AP PLICATION FOR RECALLING THE ORDER OF THE TRIBUNAL DATED 4 TH DEC.,2008 PASSED IN ITA NO.259(ASR)/2008 FOR THE ASSESSMENT YEAR 2004-05. 2. NOTICE OF HEARING WAS ISSUED TO THE ASSESSEE FOR 29.06.2012 AND THE CASE WAS ADJOURNED TO 31.08.2012 ON THE REQUEST OF THE ASSESSEE. AGAIN THE CASE WAS FIXED FOR HEARING FOR TODAY I.E. 12.10.20 12 BUT NOBODY APPEARED AT THE TIME OF HEARING. HOWEVER, SH. TARSEM GARG, PART NER OF THE ASSESSEE-FIRM 2 HAS SENT AN APPLICATION DATED 12.10.2012 REQUESTIN G FOR WITHDRAWAL OF THE MISC. APPLICATION. THE CONTENTS OF THE APPLICATION DATED 12.10.2012 OF MR. TARSEM GARG ARE REPRODUCED AS UNDER: THE HONBLE MEMBERS, INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. SUB: IN THE CASE OF M/S. BALWINDER SINGH ENGINEERS & CONTRACTORS, BATHINDA, MA NO.31/ASR/2010 IN ITA NO.259(ASR)/2009 A.Y. 2004-05 SIR, I HAVE TO VERY HUMBLY SUBMIT THAT THE ABOVE SAID M ISC. APPLICATION IS FIXED FOR HEARING FOR 12.10.2012. I MAY KINDLY BE ALLOWED TO WITHDRAW THE MISC. APPL ICATION. THE INCONVENIENCE CAUSED TO THE HONBLE BENCH IS HI GHLY REGRETTED. YOURS FAITHFULLY, SD/- TARSEM GARG, PARTNER M/S. BALWINDER SINGH ENGINEERS & CONTRACTORS, BATHINDA. 3. THE LD. DR, DID NOT OPPOSE THE REQUEST OF THE AS SESSEE. 4. KEEPING IN VIEW THE REQUEST OF THE ASSESSEE FOR WITHDRAWAL OF THE MISC. APPLICATION, THE PRESENT MISCELLANEOUS APPLIC ATION IS DISMISSED AS WITHDRAWN. 3 5. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE ASSESSEE IS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 12TH OCTOBER, 2012. SD/- SD/- (B.P. JAIN) (H.S. SIDHU) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 12TH OCTOBER, 2012 /SKR/ COPY OF THE ORDER FORWARDED TO: 1. THE ASSESSEE:M/S. BALWINDER SINGH ENGINNERS & CONTR ACTORS, BATHINDA. 2. THE ITO WARD 1(1), BATHINDA. 3. THE CIT(A) 4. THE CIT 5. THE SR DR, ITAT, AMRITSAR. TRUE COPY BY ORDER (ASSISTANT REGISTRAR) INCOME TAX APPELLATE TRIBUNAL, AMRITSAR BENCH: AMRITSAR. 4