IN THE INCOME TAX APPELLATE TRIBUNAL DIVISION BENCH, CHANDIGARH BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI T.R.SOOD, ACCOUNTANT MEMBER MA NO.58/CHD/2015 IN ITA NO. 1347/CHD/2012 ( ASSESSMENT YEAR 2009-10) MR. RAJINDER PAL SINGH, VS THE ITO, PROP.M/S KHANNA GUJRAT ROADWAYS, WARD III, VILLAGE BHATIAN, GT ROAD, KHANA KHANNA, LUDHIANA. DISTT. LUDHIANA. PAN: AYVPS9985P (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI PARIKSHIT AGGARWAL RESPONDENT BY : SHRI S.K. MITTAL DATE OF HEARING : 07.08.2015 DATE OF PRONOUNCEMENT : 07.08.2015 O R D E R PER BHAVNESH SAINI,JM THE DEPARTMENTAL APPEAL WAS ALLOWED VIDE ORDER DATE D 03.07.2015. THE ISSUE RAISED IN THE DEPARTMENTAL A PPEAL WAS COVERED AGAINST THE ASSESSEE BY JUDGEMENT OF THE HO N'BLE PUNJAB & HARYANA HIGH COURT IN THE CASE OF P.M.S. D IESELS VS CIT 374 ITR 562. THE DEPARTMENTAL APPEAL WAS THERE FORE, ALLOWED. 2. THE LD. COUNSEL FOR THE ASSESSEE PRAYED FOR WITH DRAWAL OF THE MISCELLANEOUS APPLICATION. CONSIDERING THE ABOVE FACTS, WE DO NOT FIND ANY MISTAKE APPARENT ON RECOR D. THEREFORE, WE PERMIT THE ASSESSEE TO WITHDRAW THE 2 MISCELLANEOUS APPLICATION. THE SAME IS THEREFORE, DISMISSED AS WITHDRAWN. 3. IN THE RESULT, THE MISCELLANEOUS APPLICATION FIL ED BY THE ASSESSEE DISMISSED AS WITHDRAWN. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH AUGUST,2015. SD/- SD/- (T.R.SOOD) (BHAVNESH SAINI) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED: 7 TH AUGUST,2015. POONAM COPY TO: THE APPELLANT, THE RESPONDENT, THE CIT(A), THE CIT, DR ASSISTANT REGISTRAR, ITAT CHANDIGARH