RELIANCE INDUSTRIES LTD, MUMBAI v. ADDL CIT LTU, MUMBAI

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES D MUMBAI BEFORE SHRI R.S.SYAL AM AND SHRI D.K.AGARWAL JM ITA NO.2697/MUM/2010 : ASST.YEAR 2005-2006 M/S.RELIANCE INDUSTRIES LIMITED 3 RD FLOOR MAKER CHAMBER-IV 222 NARIMAN POINT MUMBAI 400 021. PAN :AAACR5055K. VS. THE ASSTT.COMMISSIONER OF INCOME-TAX LARGER TAXPAYER UNIT 29 TH FLOOR CENTER NO.1 WORLD TRADE CENTRE CUFFE PARADE MUMBAI 400 005. (APPELLANT) (RESPONDENT) APPELLANT BY : --- WITHDRAWAL APPLICATION --- RESPONDENT BY : DR.B.SENTHILKUMAR O R D E R PER R.S.SYAL AM : THIS APPEAL BY THE ASSESSEE ARISES OUT OF THE ORDER PASSED BY THE CIT(A) ON 19.01.2010 UPHOLDING THE ACTION OF THE ASSESSING OF FICER IN CHARGING INTEREST U/S.234B AS REGARDS TO COMPUTATION OF INCOME U/S.11 5JB OF THE ACT IN RELATION TO ASSESSMENT YEAR 2005-2006. 2. THE LEARNED COUNSEL FOR THE ASSESSEE PLACED ON R ECORD A LETTER DATED 19.02.2011 WRITTEN BY THE AUTHORIZED SIGNATORY OF T HE ASSESSEE-COMPANY WITHDRAWING THE APPEAL IN VIEW OF THE RECENT JUDGEM ENT OF THE HONBLE SUPREME COURT IN JCIT VS. ROLTA INDIA LTD. [(2011) 330 ITR 470 (SC)] DECIDING THE ISSUE AGAINST THE ASSESSEE. NO OBJECTION WAS RAISED BY TH E LEARNED DEPARTMENTAL REPRESENTATIVE FOR THE PERMISSION TO WITHDRAW THE A PPEAL. IN VIEW OF THE FOREGOING FACTS WE PERMIT THE ASSESSEE TO WITHDRAW THE APPEAL . 3. IN THE RESULT THE APPEAL IS DISMISSED. ORDER PRONOUNCED ON THIS 25 TH DAY OF FEBRUARY 2011 . SD/- SD/- (D.K.AGARWAL) (R.S.SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER MUMBAI : 25 TH FEBRUARY 2011. DEVDAS* ITA NO.2697/MUM/2010 M/S.RELIANCE INDUSTRIES LIMITED. 2 COPY TO : 1. THE APPELLANT. 2. THE RESPONDENT. 3. THE CIT CONCERNED 4. THE CIT(A) - LTU MUMBAI. 5. THE DR/ITAT MUMBAI. 6. GUARD FILE. TRUE COPY. BY ORDER ASSISTANT REGISTRAR ITAT MUMBAI.