Assessee made an application to withdraw revision petition filed. Commissioner  rejected the  prayer of withdrawal by following judgment of Bombay High Court in case of Simplex Enterprises v. UOI  (2003) 132 Taman 934/ 257 ITR 934 (Bom)(HC). On writ the court held that the said judgment was based on a set of facts which were distinct as compared to factual matrix  of the assessee. By not allowing prayer for withdrawal and proceeding to decide revision on merits, revisional authority wrongly exercised jurisdiction vested in it and, consequently, matter was to be remanded to revisional authority to reconsider application for withdrawal as expeditiously as possible.