CM No. 28643-CII of 2009 and 1 I.T.A. No. 324 of 2007 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CM No. 28643-CII of 2009 and I.T.A. No. 324 of 2007 Date of decision: 23rd February, 2010 R.Kakkar Glass and Crockery House Jallandhar (Punjab) .........Appellant vs Commissioner of Income Tax Jallandhar (Punjab) .......Respondent CORAM: - HON'BLE MR. JUSTICE M.M.KUMAR HON'BLE MR. JUSTICE JITENDRA CHAUHAN Present: -Mr. Pankaj Jain, Advocate for the applicant-appellant Mr. K.K. Mehta, Advocate for non-applicant-respondent .......... 1. To be referred to the Reporters or not? 2. Whether the judgment should be reported in the Digest? ............ M.M.KUMAR, J. The Assessee has filed the instant application with a prayer that the aforesaid appeal namely ITA No. 324 of 2007 is pending consideration of this Court after admission where order of the Tribunal dated 9.11.2007 has been challenged. After the admission of the appeal, another appeal of the Assessee namely ITA No. 391 of 2009 challenging the order of the Tribunal dated 5.4.2007 came up for hearing before a Division Bench of this Court. CM No. 28643-CII of 2009 and 2 I.T.A. No. 324 of 2007 As per the aforesaid order passed by the Division Bench of this Court on 17.11.2009, the impugned orders dated 5.4.2007 passed by the Tribunal has been set aside and the parties have been directed to appear before the Tribunal on 18.2.2010 for fresh adjudication of the matter. Notice of the application was issued to Mr. K.K. Mehta, appearing for non-applicant-revenue, has fairly stated that the impugned order in the instant appeal deserves to be set aside in terms of the order passed by a Division Bench of this Court in ITA No. 391 of 2009. In view of the above, we set aside the order cated 9.11.2009 (Annexure A-2) and direct the parties to appear before the Tribunal on 16.3.2010. (M.M.KUMAR) JUDGE 23.2.2010 (JITENDRA CHAUHAN) preeti JUDGE