Shree Bade Mathuresh Ji Temple Board v. Income-Tax Officer & Ors

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHANAT JAIPUR BENCH, JAIPUR S.B. Civil Writ Petition No. 3532/2013 Shree Bade Mathuresh Ji Temple BoardVersusIncome-Tax Officer & Ors. Date of Order: 09/09/2014 HON'BLE MR. JUSTICE M.N. BHANDARI None present for the petitioner. Mr. Snhas Dabade-OIC-ACIT, Kota, present in person. It is stated that after the notice under Section 148 of theIncome Tax Act, re-assessment of the accounting year 2006-07 has already been made followed by an appeal by theassessee. The writ petition has thus become infructuous forchallenge to the notice under Section 148 of the Act. Theissue involved therein is otherwise pending before theDivision Bench in regard to the subsequent assessment yearof 2008-09. In view of the facts given by the respondent and asnone appears for the petitioner thus, writ petition is dismissedas rendered infructuous after re-assessment in pursuance tothe impugned notice and thereupon appeal has also beenpreferred. It is however, with the liberty to the petitioner that ifanything survives in the writ petition, make an application for its revival. This disposes of the stay application also. (M.N. BHANDARI), J. S.R. Kumawat, Jr. P.A.All corrections made in the judgment/order have been incorporated in thejudgment/order being emailed. Seva Ram Kumawat Jr.P.A.