HIGH COURT OF CHHATTISGARH AT BILASPUR Coram: Hon' ble Shri Dhirendra Mishra, & Hon' ble Shri R.N. Chandrakar, JJ Tax Case No. 174 of 2010 Appellant (Assessee) Respondent (Revenue) Smt. Padma Bhadouria, Prop. Gayatri Rice Mill, Nakulnaar, Distt. Dantewada Vs. Commissioner of Income-Tax, Raipur. (Appeal under Section 260-A ofthe Income Tax Act, 1961) Present: Shri S. Rajeshwara Rao, counsel for the appellant. Shri Rajeev Shrivastava withShri Sameer Shrivastava, counsel for the respondent. ORAL ORDER (Passedon 31-1-2011) Per Dhirendra Mishra, J. 1. The instant appeal has been preferred by the appellant under Section 260-A of the Income Tax Act, 1961 (for short,"the Act, 1961") against the impugned order dated 3-6-2010 passed by the Income Tax Appellate Tribunal, Bitaspur Bench, Bitaspurin I.T.A.No. 105/Bipr/2009. 2. Learned counsel appearing for the appellant submits that one miscellanelous application under Section 254 (2) of the Act, 1961 filed by the appellant herein, after passing of the impugned order, has not been decided by the Tribubal and the same is still pending. He further submits that this appeal may be disposed of with liberty to the appellant to file a fresh appeal against the impugned order after miscellaneous application filed under Section 254 (2) of the Act by the appellant, is decided by the Tribunal. 3. Learned counsel for the respondent has no objection to the above submission. by 4. In view of the above submissions made^earned counsel for the parties, this appeal is disposed of with the aforesaid liberty. Raju Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge n