IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH F : NEW DELHI) BEFORE SHRI O.P. KANT, ACCOUNTANT MEMBER AND SHRI KULDIP SINGH, JUDICIAL MEMBER ITA NO.4341/DEL./2015 (ASSESSMENT YEAR : 2009-10) SHRI BARU SINGH, VS. ITO, WARD 2 (1), C/O M/S. MALIK & CO. (ADVOCATES), MUZAFFARNAGAR. 305, THAPAR NAGAR, MEERUT. (PAN : EXFPS8672L) (APPELLANT) (RESPONDENT) ASSESSEE BY : NONE REVENUE BY : SHRI SATISH KUMAR GUPTA, SENIOR DR DATE OF HEARING : 17.02.2020 DATE OF ORDER : 06.03.2020 O R D E R PER KULDIP SINGH, JUDICIAL MEMBER : HEARD : KEEPING IN VIEW THE FACT THAT ASSESSEE HAS FILED T WO APPEALS, CHALLENGING THE IMPUGNED ORDER DATED 02.03 .2015 PASSED BY THE LD. CIT (APPEALS), MUZAFFARNAGAR CONFIRMING THE PENALTY OF RS.13,70,000/- LEVIED BY THE ASSESSING OFFICER, ONE BEARING ITA NO.6182/DEL/2015 AND ANOTHER BEARING ITA NO.4341/DE L/2015 (PRESENT APPEAL) ON THE SAME CAUSE OF ACTION AND TH E EARLIER APPEAL BEARING ITA NO.6182/DEL/2015 FILED ON 23.11.2015 HA S ALREADY ITA NO.4341/DEL./2015 2 BEEN DECIDED VIDE ORDER DATED 04.12.2018, COPY OF W HICH HAS BEEN RETAINED ON FILE, THE PRESENT APPEAL BEARING ITA NO .4341/DEL/2015 FILED ON 03.07.2015 IS NOT MAINTAINABLE, HENCE DISM ISSED. ORDER PRONOUNCED IN OPEN COURT ON THIS 6 TH DAY OF MARCH , 2020. SD/- SD/- (O.P. KANT) (KULDIP SINGH) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED THE 6 TH DAY OF MARCH, 2020 TS COPY FORWARDED TO: 1.APPELLANT 2.RESPONDENT 3.CIT 4.CIT(A), MUZAFFARNAGAR. 5.CIT(ITAT), NEW DELHI. AR, ITAT NEW DELHI.