M/S BATA INDIA LTD.,KOLKATA vs. D.C.I.T CIR - 2,KOLKATA., KOLKATA

This appeal by assessee is arising out of order of CIT(A)-I, Kolkata vide Appeal No. 533/CIT(A)-1/Circle-2/2009-10 dated 04.09.2012. Assessment was framed by DCIT, Circle-2, Kolkata u/s. 143(3) of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for Assessment Year 2006-07 vide his order dated 24.12.2009.

At the outset, the Ld. Counsel for the assessee stated that he wants to withdraw this appeal filed by assessee for the reason that the issue raised in this appeal has already been adjudicated in assessee’s CO No. 11/Kol/2013, which is filed out of the appeal of revenue in and the same issue was adjudicated by Tribunal and he filed copy of Tribunal’s order dated 23.05.2013. On query from the bench, Ld. Sr. DR has not objected to withdrawal of the appeal. Accordingly, we permit the withdrawal and dismiss the appeal of assessee as withdrawn.

In the result, appeal of assessee is dismissed as withdrawn. Order pronounced in the open court.