CWP No.1742 of 2009 #1# IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA AT CHANDIGARH CWP No.1742 of 2009 Date of Order:5.8.2009 Ramesh Kumar ...Petitioner Versus State of Haryana and others ....Respondent CORAM: HON'BLE MR. JUSTICE M.M. KUMAR HON'BLE MR. JUSTICE JASWANT SINGH Present: Mr. S.D. Bansal, Advocate for the petitioner. Ms. Ritu Bahri, DAG, Haryana for the respondents. 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporter or not? 3. Whether the judgment should be reported in the Digest? M.M. KUMAR,J Through the instant petition filed under Article 226 of the Constitution, the petitioner has prayed for quashing order dated 6.8.2008 (P.16) passed by Commissioner, Excise and Taxation-respondent No.4 dismissing the revision petition of the petitioner filed under Section 16 of the Punjab Passengers and Goods Taxation Act, 1952 upholding assessment order dated 30.11.2005 (P.11) and notices of demand dated 3.2.2006 and 26.9.2008 (P.12 and P.19) issued by respondent No.6 directing the petitioner to deposit the assessed amount as specified in the notices of demand. By the impugned order of the passed on 6.8.2008 (Annexure CWP No.1742 of 2009 #2# P.16), noticing the dispute on fact, the matter has been remanded back to the Assessing Authority. That dispute on fact emerges from the concluding para of the order, which says that the cross objection filed by the Assessing Authority is valid as the inquiry revealed that the distance in Haryana covered by the buses in question was 17 Kms whereas it was assessed on 10 Kms. Revisional Authority found that it is a case of under assessment as it was clearly conceded by the learned counsel for the petitioner before the Revisional Authority. Accordingly, case has been remanded to the Assessing Authority for fresh assessment taking distance in Haryana as 17 Kms as revealed in the inquiry. The matter was required to be decided by the Assessing Authority within a period of two months from the date of the order. We have been informed that the Assessing Authority has not yet decided the issue, which appears to be on account of the pendency of the instant appeal. Let the matter now be decided within a period of two months from the date of receipt of copy of this order. Parties through their counsel are directed to appear before the Assessing Authority on 17.8.2009. Petition stands disposed of. ( M.M. KUMAR ) JUDGE August 05, 2009 ( JASWANT SINGH ) manoj JUDGE