P A G E | 1 M.A. 51/MUM/2018 A.Y. 2007 - 08 (ARISING OUT OF ITA NO. 2260/MUM/2013) RAJHANS METALS PVT. LTD. VS. THE DCIT, CIRCLE - 9(3) IN THE INCOME TAX APPELLATE TRIBUNAL D BENCH, MUMBAI BEFORE SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER AND SHRI RAVISH SOOD, JUDICIAL MEMBER M.A. NO. 51/MUM/2018 (ARISING OUT OF ITA NO. 2260/MUM/2013) (ASSESSMENT YEARS: 2007 - 08 ) RAJHANS METALS PVT. LTD. SHILEY INDUSTRIAL ESTATE, UDYOG NAGAR, OFF S.V. ROAD, GOREGAON (WEST), MUMBAI 400 062 VS. THE DEPUTY COMMISSIONER OF INCO M E TAX, CIRCLE - 9(3), MUMBAI PAN AAACR5424Q (APPLICANT) (RESPONDENT) APPLICANT BY: SHRI K. K. VED, A.R RESPONDENT BY: SHRI V.K. CHATURVEDI , D.R DATE OF HEARING: 1 2 .04 .2019 DATE OF PRONOUNCEMENT: 2 4 .04 .2019 O R D E R PER RAVISH SOOD, JM : THE CAPTIONED ASSESSEE APPLICANT HAS FILED THE PRESENT MISCELLANEOUS APPLICATION ON 29.09.2018 . AT THE TIME OF HEARING OF THE APPLICATION THE LD. AUTHORIZED REPRESENTATIVE (FOR SHORT A.R. ) FOR THE ASSESSEE HAD PLACED ON RECORD A LETTER DATED 10.04.2019 , AS PER WHICH THE ASSESSEE HAS SOUGHT TO WITHDRAW THE MISCELLANEOUS APPLICATION. IT I S STATED BY THE ASSESSEE APPLICANT THAT AS THE PENALTY LEVIED UNDER SEC.271(1)(C) HAD BEEN DELETED BY THE TRIBUNAL VIDE ITS ORDER DATED 20.12.2017, THUS THE AFORESAID APPLICATION IS RENDERED AS ACADEMIC. P A G E | 2 M.A. 51/MUM/2018 A.Y. 2007 - 08 (ARISING OUT OF ITA NO. 2260/MUM/2013) RAJHANS METALS PVT. LTD. VS. THE DCIT, CIRCLE - 9(3) 2. THE LD. DEPARTMENTAL REPRESENTATIVE (FOR SHORT D .R) STATED THAT HE HAD NO OBJECTION IF THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS ALLOWED TO BE WITHDRAWN. 3. WE HAVE HEARD THE AUTHORIZED REPRESENTATIVES FOR BOTH THE PARTIES AND KEEPING IN VIEW THE CONSENSUS AMONGST THEM, ALLOW THE PRESENT M ISCELLANEOUS APPLICATION TO BE WITHDRAWN. 4. THE MISCELLANEOUS APPLICATION FILED BY THE ASSESSEE IS DISMISSED AS WITHDRAWN. ORDER PRO NOUNCED IN THE OPEN COURT ON 2 4 . 04.2019 S D / - S D / - ( SHAMIM YAHYA) (RAVISH SOOD) ACCOUNTANT MEMBER JUDICIAL MEMBER MUMBAI ; 2 4 .04.2019 PS. ROHIT / COPY OF THE ORDER FORWARDED TO : 1. / THE APPELLANT 2. / THE RESPONDENT. 3. ( ) / THE CIT(A) - 4. / CIT 5. , , / DR, ITAT, MUMBAI 6. / GUARD FILE . //TRUE COPY// / BY ORDER, / (DY./ASSTT. REGISTRAR) , / ITAT, MUMBAI P A G E | 3 M.A. 51/MUM/2018 A.Y. 2007 - 08 (ARISING OUT OF ITA NO. 2260/MUM/2013) RAJHANS METALS PVT. LTD. VS. THE DCIT, CIRCLE - 9(3)