J.p.tobacco Product Ptv.ltd v. The Asst.commissioner Ofincome Tax

WP-7035-2008 (J.P.TOBACCO PRODUCT PTV.LTD. Vs THE ASST.COMMISSIONER OFINCOME TAX) --26032015 Shri Abhijeet Shrivastava for the petitioner. Challenging the notice issued for re-assessment under section 147 read withsection 148, of the IT Act on 5.3.2008 � Annexure P/5, this writ petition has beenfiled. The prayer made is that the notice issued for re-assessment should bequashed. The petition was filed on 16.6.2008 and till date it has not been admitted.Notice was issued to the Department on 12.9.2008 and when a prayer for interimrelief was made, it was ordered by this Court on 12.9.2008 that the prayer forinterim relief shall be considered after hearing the respondent/revenue. Thereafter,no hearing has taken place and now after a period of more than seven years, theproceedings in the show cause notice under section 147 would have concluded. That being so, for the present, we see no reason to interfere and keep thematter pending. In case petitioner has any grievance with regard to the finality of theproceedings held after notice was issued under section 147, the petitioner maychallenge the same afresh in accordance with law. Accordingly, with the aforesaid liberty, finding no interference to be made, thispetition stands disposed of. CC as per rules. (RAJENDRA MENON)JUDGE (S.K. GANGELE)JUDGE