MA NO. 249/DEL/2010 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH FRIDAY (E) NEW DELHI BEFORE SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI SHAMIM YAHYA, ACCOUNTANT MEMBER MA NO. 249/DEL/2010 (IN ITA NO. 1636/DEL/2009) A.Y. 2004-05 ACIT, CIRCLE 30(1), M/S AHUJA RADIOS, NEW DELHI VS. 3378, DARYA GANJ, NEW DELHI [APPELLANT] (RESPONDENT) ASSESSEE BY : SH. MANISH KUMAR, ADV. DEPARTMENT BY : SH. H.K. LAL, D.R. ORDER PER SHAMIM YAHYA, AM THIS MISC. APPLICATION FILED BY THE REVENUE IS DI RECTED AGAINST THE ORDER OF THIS TRIBUNAL IN ITA NO. 1636/DEL/2009 FOR THE ASSESSMENT YEAR 2004-05 DATED 30.11.2009. AT THE OUTSET, LD. COUNSE L OF THE ASSESSEE SUBMITTED THAT APPEAL AGAINST THIS TRIBUNALS ORDER HAS BEEN ADMITTED BEFORE THE HONBLE HIGH COURT. FURTHERMORE, IT IS NOTED TH AT TRIBUNAL IN ITS ORDER HAS REMITTED THE MATER TO THE FILE OF THE ASSESSING OFFICER. UNDER THE CIRCUMSTANCES, WE DO NOT FIND ANY APPARENT ERROR IN THIS ORDER. UNDER THE MA NO. 249/DEL/2010 2 CIRCUMSTANCES, THIS MISC. APPLICATION IS LIABLE TO BE DISMISSED. ACCORDINGLY, THIS MISC. APPLICATION STANDS DISMISSED. 2. IN THE RESULT, THE MISC. APPLICATION FILED BY THE REVENUE STANDS DISMISSED. ORDER PRONOUNCED IN THE OPEN COURT ON 21/01/201 1, UPON CONCLUSION OF HEARING. SD/- SD/- [RAJPAL YADAV] [SHAMIM YAHYA] JUDICIAL MEMBER ACCOUNTANT MEMBER DATE 21/01/2011 SRB COPY FORWARDED TO: - 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT (A) 5. DR, ITAT TRUE COPY BY ORDER, DEPUTY REGISTRAR, ITAT, DELHI BENCHES