IN THE INCOME TAX APPELLATE TRIBUNAL CHENNAI BENCH C : CHENNAI [BEFORE DR. O.K. NARAYANAN, VICE-PRESIDENT AND SHRI HARI OM MARATHA, JUDICIAL MEMBER] M.P.NO.5/MDS/2011 [IN I.T.A NO.1195/MDS/2009] ASSESSMENT YEAR : 2004-05 THE ITO SALARY WARD III(1) CHENNAI VS SHRI N.ANANTHAKRISHNAN NO.14, PLAY GROUND STREET KILPAUK GARDEN COLONY CHENNAI -10 [PAN - AAFPA6196E] (PETITIONER) (RESPONDENT) PETITIONER BY : SHRI K.E.B RENGARAJAN, JR. STANDING COUNSEL RESPONDENT BY : SHRI N.MUTHUKUMAR O R D E R PER HARI OM MARATHA, JUDICIAL MEMBER: THIS MISCELLANEOUS PETITION HAS BEEN FILED BY THE REVENUE IN RELATION TO ORDER OF THE TRIBUNAL DATED 8.12.2009 I N I.T.A.NO. 1195/MDS/2009. 2. THIS MISCELLANEOUS PETITION WAS FOUND TO BE NOT MAINTAINABLE BECAUSE THE REVENUE HAS EARLIER FILED M.P.NO.92/MDS /2010 ON THE SAME ISSUE WHICH STANDS DISMISSED VIDE ORDER DATED 24.6.2010. MP 5/11 :- 2 -: 3. IN THE RESULT, THE MISCELLANEOUS PETITION FILED BY THE REVENUE STANDS DISMISSED. 4. ORDER PRONOUNCED IN THE OPEN COURT ON 29.4. 2011. SD/- SD/- (DR. O.K. NARAYANAN) VICE-PRESIDENT (HARI OM MARATHA) JUDICIAL MEMBER DATED: 4 TH MAY, 2011 RD : COPY TO: 1. PETITIONER 2. RESPONDENT 3. CIT(A) 4. CIT 5. DR