IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCHE B, PUNE BEFORE SHRI G.S. PANNU, ACCOUNTANT MEMBER AND SHRI R.S. PADVEKAR, JUDICIAL MEMBER MA NO.01/PN/2014 (ARISING OUT OF ITA NO.165/PN/2012) (ASSESSMENT YEAR : 2004-05) DY. COMMISSIONER OF INCOME TAX CIRCLE- 3, PUNE . APPELLANT VS. M/S B.B. ASSOCIATES 242/1 NEELGIRI, BHANDAKAR INSTITUTE ROAD, PUNE 411 004. PAN : AACFB5231C . RESPONDENT DEPARTMENT BY : MR. S.P. WALIMBE ASSESSEE BY : MR. C.H. NANIWADEKAR DATE OF HEARING : 06-06-2014 DATE OF PRONOUNCEMENT : 06-06-2014 ORDER PER G. S. PANNU, AM THE CAPTIONED MISCELLANEOUS APPLICATION HAS BEEN P REFERRED BY THE REVENUE WITH RESPECT TO THE ORDER OF THE TRIBUNAL I N ITA NO.165/PN/2012 DATED 16.05.2013 WHERE THE APPEAL OF THE REVENUE HA D BEEN DISMISSED. 2. AT THE TIME OF HEARING OF THE MISCELLANEOUS APPL ICATION, A COMMUNICATION OF THE DY. COMMISSIONER OF INCOME TAX , CIRCLE- 3, PUNE, NO.PN/DCIT/CIR-3/MISC. APPLI./BBS/2013-14 DATED 02. 06.2014 WAS FILED BY THE LEARNED DEPARTMENTAL REPRESENTATIVE, STATING TH AT THE CAPTIONED MISCELLANEOUS APPLICATION IS WITHDRAWN. THE LEARNE D COUNSEL FOR THE ASSESSEE HAS NO OBJECTION. ACCORDINGLY, THE MISCELLANEOUS A PPLICATION OF THE REVENUE IS DISMISSED AS WITHDRAWN. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION OF THE REVENUE IS DISMISSED. MA NO.01/PN/2014 ABOVE DECISION WAS PRONOUNCED IN THE OPEN COURT IN THE PRESENCE OF BOTH THE PARTIES AT THE CONCLUSION OF THE HEARING O N 06 TH JUNE, 2014. SD/- SD/- (R.S. PADVEKAR) (G.S. PANNU) JUDICIAL MEMBER ACCOUNTANT MEMBER PUNE, DATED : 06 TH JUNE, 2014 SUJEET COPY OF THE ORDER IS FORWARDED TO : - 1) THE ASSESSEE; 2) THE DEPARTMENT; 3) THE CIT(A)-II, PUNE; 4) THE CIT-II, PUNE; 5) THE DR B BENCH, I.T.A.T., PUNE; 6) GUARD FILE. BY ORDER //TRUE COPY// SR. PRIVATE SECRETARY I.T.A.T., PUNE