After filing appeal if appellant feel that the tax effect is not significant he can withdraw with prior approval

IN THE INCOME TAX APPELLATE TRIBUNAL

MUMBAI BENCH ‘G’ MUMBAI

BEFORE SHRI D. MANMOHAN (VICE PRESIDENT) AND

SHRI N.K. BILLAIYA (ACCOUNTANT MEMBER)

ITA No. 4053/Mum/2010

Assessment Year-2006-07

M/s. Estate Enterprise,

Mangaldas Jesingbhai & Co. Ltd.,

Bombay Cotton Mills Estate,

Dattaram Lad Road,Kalachowki,

Mumbai-400 033

PAN-AABFE 9847R

(Appellant)

Vs.

The ITO 17(3)(1),

Mumbai

 (Respondent)

Assessee by: Shri Haresh G. Buch(withdraw letter dt. 16.4.2012)

Respondent by: Shri A.K. Nayak

Date of Hearing: 16.04.2012

Date of pronouncement: 16.4.2012

O R D E R

PER N.K. BILLAIYA (AM):

The present appeal is directed by the assessee against order of Ld. CIT(A)-29, Mumbai dt. 5.2.2010 for assessment year 2006-07.

2. The assessee has raised 4 grounds. The ground Nos. 1 & 2 have two sub-grounds.

3. At the outset, the Ld. Counsel appearing for the assessee moved an application dt. 16.4.2012 requesting for the permission to withdraw the appeal which is as under:

“The captioned appeal is fixed for hearing before the Hon’ble ‘G’ Bench today. The appellant has received partial relief. As the tax effect of the remaining issue is not significant, the appellant does not wish to pursue the appeal. In the circumstances, kindly allow the appellant to withdraw the appeal”

4. We, therefore, permit the assessee to withdraw this appeal, which hereby stands dismissed as withdrawn.

5. In the result, the appeal filed by the assessee is dismissed.

Order pronounced in the Open Court at the time of hearing on 16^th April, 2012.

                                                           Sd/-                            Sd/-

                                              (D. MANMOHAN)     (N.K. BILLAIYA)

                                                  Vice President          Accountant Member

Mumbai, Dated 16th April, 2012

Rj

Copy to:

1. The Appellant

2. The Respondent

3. The CIT-concerned

4. The CIT(A)-concerned

5. The DR ‘G’ Bench

True Copy

By Order

Asstt. Registrar, I.T.A.T, Mumbai