IN THE INCOME TAX APPELLATE TRIBUNAL 'C' BENCH, MUMBAI BEFORE SHRI I.P. BANSAL, JUDICIAL MEMBER AND SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER MA NO. 649/MUM/2012 (ARISING OUT OF ITA NO. 349/MUM/2009) (ASSESSMENT YEAR: 2005-06) SHRI PRAVIN VRAJLAL SHAH INCOME TAX OFFICER - (HQ) (CIB) C/O 201, SHAMBHAVNATH BLDG. PUNE NEAR JAIN TEMPLE, VIRAR (W) VS. THANE PAN - AADPS 8398 A APPELLANT RESPONDENT APPELLANT BY: SHRI DINESH LUNGE RESPONDENT BY: SHRI C.P. PATHAK DATE OF HEARING: 22.02.2013 DATE OF PRONOUNCEMENT: 22.02.2013 O R D E R PER B. RAMAKOTAIAH, A.M. THE ASSESSEE, THROUGH THIS MISCELLANEOUS APPLICATIO N, REQUESTS THE TRIBUNAL TO MODIFY THE ORDER DATED 18 TH FEBRUARY, 2011 OR ALTERNATIVELY, RECALL THE ORDER FOR FRESH HEARING. 2. AT THE TIME OF HEARING IT WAS BROUGHT TO THE NOTIC E OF THE BENCH THAT THE LEARNED COUNSEL FOR THE ASSESSEE HAS MOVED AN A PPLICATION FOR WITHDRAWAL OF THE MISCELLANEOUS APPLICATION VIDE LE TTER DATED 21 ST FEBRUARY, 2012 TO WHICH THE REVENUE HAS NOT RAISED ANY OBJECT ION. WE, THEREFORE, ALLOW THE ASSESSEE TO WITHDRAW HIS MISCELLANEOUS AP PLICATION. ACCORDINGLY THIS MA IS DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 22 ND FEBRUARY, 2013. SD/- SD/- (I.P. BANSAL) (B. RAMAKOTAIAH) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI, DATED: 22 ND FEBRUARY, 2013 MA NO. 649/MUM/2012 SHRI PRAVIN VRAJLAL SHAH 2 COPY TO: 1. THE APPELLANT 2. THE RESPONDENT 3. THE CIT(A) II-THANE 4. THE CIT III-THANE 5. THE DR, C BENCH, ITAT, MUMBAI BY ORDER //TRUE COPY// ASSISTANT REGISTRAR ITAT, MUMBAI BENCHES, MUMBAI N.P.