Pani Bai Kothari v. The Principal Commissioner Of Income Tax Raipur - 2, Centralrevenue Building, Civil Lines, Raipur Chhattisgarh.revenue Building, Civil Lines, Raipur Chhattisgar
High Court
07 Jan 2020 In favour of: Unclear
Forum / Bench
High Court · cghccisdb
Parties
Pani Bai Kothari v. The Principal Commissioner Of Income Tax Raipur - 2, Centralrevenue Building, Civil Lines, Raipur Chhattisgarh.revenue Building, Civil Lines, Raipur Chhattisgar
Date of order
07 Jan 2020
Assessment year(s)
—
Outcome
Other
The order — as passed by the High Court
Case summary
In Pani Bai Kothari v. The Principal Commissioner Of Income Tax Raipur - 2, Centralrevenue Building, Civil Lines, Raipur Chhattisgarh.revenue Building, Civil Lines, Raipur Chhattisgar, the High Court (2020) decided the matter under Section 148, Section 246A of the Income-tax Act.
Summary auto-generated from the order below — read the full judgment for the complete reasoning.
Sections referenced in this judgment
NAFR
HIGH COURT OF CHHATTISGARH AT BILASPURWPT No. 157 of 2019
Pani Bai Kothari 21, Mahavir Colony, Durg Chhattisgarh
---- Petitioner
Versus
1. The Principal Commissioner Of Income Tax Raipur - 2, CentralRevenue Building, Civil Lines, Raipur Chhattisgarh.Revenue Building, Civil Lines, Raipur Chhattisgarh.
2. The Income Tax Officer Ward - 1(4), Bhilai, District DurgChhattisgarh.Chhattisgarh.
---- Respondents
For Petitioner:Mr. Mool Chand Jain, Advocate along with Mr. Ashok Patil, AdvocateFor Respondents:Ms. Naushina Afrin Ali, Advocate along with Mr. Ajay Kumrani, Advocate
Hon'ble Shri Justice P. Sam KoshyOrder on Board
07/01/2020
1. The challenge in the present writ petition was the notice issuedunder Section 148 of the Income Tax Act. under Section 148 of the Income Tax Act.
2. The writ petition was filed on 07.12.2019. Today, when the matter istaken up, the learned counsel for the Department submits that theDepartment has in the meanwhile passed the final assessment orderitself and as such the issue involved in the case has becomeinfructuous and the subsequent order passed on 18.12.2019 is itselfan appealable order under Section 246A of the Income Tax Act. taken up, the learned counsel for the Department submits that theDepartment has in the meanwhile passed the final assessment orderitself and as such the issue involved in the case has becomeinfructuous and the subsequent order passed on 18.12.2019 is itselfan appealable order under Section 246A of the Income Tax Act.
3. The counsel for the Department produced the order dated18.12.2019 to the Court, the said order is taken on record.18.12.2019 to the Court, the said order is taken on record.
4. In view of the fact that an assessment order has since been passedon 18.12.2019, in the opinion of this Court the matter as such hasbecome of only academic interest. Accordingly, the present writpetition stands disposed of leaving open the questions, which wereon 18.12.2019, in the opinion of this Court the matter as such hasbecome of only academic interest. Accordingly, the present writpetition stands disposed of leaving open the questions, which were
Ved
raised by the petitioner in this petition to be agitated in anappropriate proceeding including appeal, which the petitioner mayprefer challenging the assessment order.
5.With the aforesaid observations and liberty, the present writ petitionstands disposed of.
Sd/-(P. Sam Koshy)Judge
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