1 IN THE INCOME TAX APPELLATE TRIBUNAL JODHPUR BENCH, JODHPUR BEFORE SHRI HARI OM MARATHA, JUDICIAL MEMBER AND SHRI N.K. SAINI, ACCOUNTANT MEMBER MA NO.02/JODH/2011 (ARISING OUT OF ITA NO. 02/JU/2007) ASSESSMENT YEAR : 2004-05 SHRI DUNICHAND CHHABRA, VS. I.T.O., SURATGARH. 39, NEW DHAN MANDI, ANOOPGARH, RAJASTHAN. PAN: AAAHC 3719 C (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI SURESH OJ HA. DEPARTMENT BY : SHRI N.A. JOSHI, D.R. DATE OF HEARING : 28-03-2014 DATE OF PRONOUNCEMENT : 28-03-2014 ORDER PER N.K. SAINI, A.M. THIS MISCELLANEOUS APPLICATION FILED BY THE ASSESSE E IS ARISING OUT OF THE ORDER DATED 28/10/2009 IN ITA NO. 02/JU/2007 FOR TH E A.Y. 2004-05. 2. DURING THE COURSE OF HEARING, LEARNED COUNSEL FO R THE ASSESSEE SUBMITTED THAT THIS MISC. APPLICATION MAY BE TREATED AS INFRU CTUOUS AND GAVE IN WRITING AS UNDER:- 2 WITH REFERENCE TO THE ABOVE IT IS SUBMITTED THAT T HE HON'BLE BENCH REMANDED THE MATTER TO THE COMMISSIONER OF INCOME-TAX (APPEALS) BIKANER. DURING THE PENDENCY OF MISCELLANEOUS APPLICATION, THE APPEAL HAS BEEN DECI DED BY THE COMMISSIONER OF INCOME- TAX (APPEALS), BIKANER. HENCE, THIS APPLICATION BE CAME INFRUCTUOUS. YOU ARE REQUESTED TO KINDLY ALLOW FOR WITHDRAWAL O F MISCELLANEOUS APPLICATIONS. THANKING YOU, YOURS FAITHFULLY, SD/- XXXXXXX (SURESH OJHA) ADVOCATE. 3. LEARNED D.R. DID NOT OBJECT, IF THE MISC. APPLIC ATION IS DISMISSED AS INFRUCTUOUS. 4. CONSIDERING THE SUBMISSIONS OF BOTH THE PARTIES, THIS MISC. APPLICATION OF THE ASSESSEE IS DISMISSED AS INFRUCTUOUS. 5. IN THE RESULT, THE MISC. APPLICATION FILED BY TH E ASSESSEE IS DISMISSED. (ORDER PRONOUNCED IN THE OPEN COURT ON THIS 28-0 3-2014.) SD/- SD/- (HARI OM MARATHA) (N.K. SAINI) JUDICIAL MEMBER ACCOUNTANT MEMBER DATED: 28 TH MARCH, 2014 VR/- COPY TO:- 1.THE APPELLANT 2. THE RESPONDENT 3. THE LD. CIT 4. THE LD. CIT(A) 5. THE DR 6. THE GUARD FILE ASSISTANT REGISTRAR ITAT, JODHPUR