Taxc/174/2010 Of Padma Bhadouria v. Commissioner Of Income Tax

HIGH COURT OF CHHATTISGARH AT BILASPURCoram:Hon' ble Shri Dhirendra Mishra, &Hon' ble Shri R.N. Chandrakar, JJTax Case No. 174 of 2010AppellantSmt. Padma Bhadouria, Prop. Gayatri(Assessee)Rice Mill, Nakulnaar, Distt. DantewadaVs.RespondentCommissioner of Income-Tax, Raipur.(Revenue)(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 therespondent. ORAL ORDER(Passedon[31-1-2011)] Per Dhirendra Mishra, J. 1.The instant appeal has been preferred by the appellant under Section260-A of the Income Tax Act, 1961 (for short,"the Act, 1961")againstthe impugned order dated 3-6-2010 passed by the Income Tax AppellateTribunal, Bitaspur Bench, Bitaspurin I.T.A.No. 105/Bipr/2009.260-A of the Income Tax Act, 1961 (for short,"the Act, 1961")againstthe impugned order dated 3-6-2010 passed by the Income Tax AppellateTribunal, Bitaspur Bench, Bitaspurin I.T.A.No. 105/Bipr/2009.2.Learnedcounselappearingfortheappellantsubmitsthatonemiscellanelous application under Section254 (2) of the Act, 1961 filedby the appellant herein, after passing of the impugned order, has notbeen decided by the Tribubal and the same is still pending.He furthersubmits that this appeal may be disposed of with liberty to the appellantto file a fresh appeal against the impugned order aftermiscellaneousapplication filed under Section 254 (2) of the Act by the appellant, isdecided by the Tribunal.miscellanelous application under Section254 (2) of the Act, 1961 filedby the appellant herein, after passing of the impugned order, has notbeen decided by the Tribubal and the same is still pending.He furthersubmits that this appeal may be disposed of with liberty to the appellantto file a fresh appeal against the impugned order aftermiscellaneousapplication filed under Section 254 (2) of the Act by the appellant, isdecided by the Tribunal. 3.Learned counsel for the respondent has no objection to the abovesubmission.bysubmission.by 4.In view of the above submissions made^earned counsel for the parties,this appeal is disposed of with the aforesaid liberty.this appeal is disposed of with the aforesaid liberty. Sd/-Sd/-DhirendraR.N. Chandrakar MishraJudgeJudgeRaju