IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F, NEW DELHI BEFORE SH. S.V.MEHROTRA, AM AND SHRI C.M.GARG, JM ITA NO. 238/DEL/2014 : ASSTT. YEAR : 2009-10 INCOME TAX OFFICER, WARD -33(2), NEW DELHI VS RAJESH BABBAR 2120/3, BANK STREET, KAROL BAGH NEW DELHI APPELLANT) (RESPONDENT) PAN NO. AAGPB8370A ASSESSEE BY : NONE REVENUE BY : MS . RAKHI BIMAL, SR. D.R. DATE OF HEARING : 12.05.2016 DATE OF PRONOUNCEMENT : 13.05.2016 ORDER PER C.M.GARG, JM THIS IS AN APPEAL FILED BY THE REVENUE HAS BEEN DIR ECTED AGAINST THE ORDER OF THE CIT(A)- XXVI, NEW DELHI DATED 16. 10.2013 PASSED IN FIRST APPEAL NO. 373/2011-12 FOR AY 2009-10. 2 ITA NO. 23 8/DEL/2014 RAJESH BABBAR 2. NONE PRESENT FOR THE ASSESSEE, MRS. RAKHI BIMA L, SR. DR REPRESENTED THE REVENUE. 3. IN TERMS OF CBDT CIRCULAR NO.21/2015 DATED 10 TH DECEMBER,2015, F.NO. 279/MISC./142/2007-ITJ(PT.) READ WITH S.268 A OF THE INCOME TAX ACT 1961, THIS APPEAL BY THE REVENUE SHOULD HAVE BE EN WITHDRAWN OR SHOULD NOT BE PRESSED BY THE REVENUE. IN VIEW OF T HE ABOVE THIS APPEAL BY THE REVENUE IS DISMISSED IN LIMINE. 3. IN THE RESULT REVENUES APPEAL IS DISMISSED IN LIM INE. ORDER PRONOUNCED IN THE OPEN COURT ON 13 M AY, 2016. SD/- SD/- (S.V.MEHROTRA) (C.M.GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 13 /05/2016 BINITA COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR 3 ITA NO. 23 8/DEL/2014 RAJESH BABBAR ITAT NEW DELHI DATE 1. DRAFT DICTATED ON 12 /0 5 /2016 PS 2. DRAFT PLACED BEFORE AUTHOR 12/05/2016 PS 3. DRAFT PROPOSED & PLACED BEFORE THE SECOND MEMBER .2016 JM/AM 4. DRAFT DISCUSSED/APPROVED BY SECOND MEMBER. JM/AM 5. APPROVED DRAFT COMES TO THE SR.PS/PS PS/PS 6. KEPT FOR PRONOUNCEMENT ON PS 7. FILE SENT TO THE BENCH CLERK PS 8. DATE ON WHICH FILE GOES TO THE AR 9. DATE ON WHICH FILE GOES TO THE HEAD CLERK. 10. DATE OF DISPATCH OF ORDER.