1 909 itxa 2069.09 .doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION k INCOME TAX APPEAL NO.2069 OF 2009 The Commissioner of Income Tax - 7 .. Appellant Vs. M/s Percept D-Mark Pvt. Ltd. .. Respondent. Mr. Suresh Kumar for the Appellant. Mr. Jitendra Jam i/b Kanga & Co. for Respondent. CORAM : J.P. DEVADHAR & K.K. TATED, JJ. DATE : 7TH SEPTEMBER, 2011. P.C. The ITAT by the impugned order dated 28th May, 2008 while setting aside the additions made by the Assessing Officer under section 41(1) of the Income Tax Act, 1961 relating the assessment year 2001-2002 and restoring the matter to the file of the Assessing Officer directed the Assessing Officer to verify as to whether the said amount has been offered to tax in the Assessment Year 2004-2005. Accordingly, the Assessing Officer has verified and has passed an order on 31st December, 2009 recording therein the amount in question have been offered to tax in the Assessment Year 2004-2005 and the same has been assessed in the said Assessment Year. In 2 909 itxa 2069.09 .doc this view of the matter, the counsel for the Revenue seeks to withdraw the Appeal. Appeal is allowed to be withdrawn. Refund of court fees as per rules. (J.P. DEVADHAR, J.) (K.K. TATED, J.)