JUDGMENT

KH. FAROOQ SAEED, J.-The instant petition has been filed impugning the order of the Assistant Commissioner of Income Tax, Taxation Officer, Unit-04, Audit Division-II, Regional Tax Office, Lahore.2. The reason for challenging the order is that in the earlier round of litigation, the matter is still pending before the High Court wherein a reference application has been filed against the order of the Income Tax Appellate Tribunal. In compliance to the notice issued for reassessment after remand the present petitioner informed vide this reply dated 14-6-2008 that the case is pending for final adjudication before the Honourable High Court. Further on the mandate of the judgment reported as "Muhammad Inayatullah Cheema v. Sardar Ali Raza Masood Qazilbash" 2002 PTD 1195, wherein it has held by the Lahore High Court that where the matter is pending at the higher forum, the lower forum does not have jurisdiction to make reassessment, he requested the Assessing Officer to keep the reassessment ...