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.3533/2013 Shree Bade Mathuresh ji Temple Board Versus Income-Tax Officer & Ors. DATE OF ORDER : 12/09/2014 HON'BLE MR. JUSTICE M.N. BHANDARI None present for petitionerMr. Kamlesh Meena – OIC for respondent-Income Tax department,present in person. *** It is stated that after the notice under Section 148 of the Income Tax Act, re-assessment of the accounting year 2006-07 hasalready been made followed by an appeal by the assessee. The writpetition has thus become infructuous for challenge to the noticeunder Section 148 of the Act. The issue involved therein is otherwisepending before the Division Bench in regard to the subsequentassessment year of 2008-09. In view of the facts given by the respondent and as noneappears for the petitioner thus, writ petition is dismissed as renderedinfructuous after re-assessment in pursuance to the impugned noticeand thereupon appeal has also been preferred. It is however, withthe liberty to the petitioner that if anything survives in the writ petition,make an application for its revival. This disposes of the stay application also. [M.N.BHANDARI], J. “All corrections made in the judgment/order have been incorporated in the judgment/orderbeing emailed.” FATEH RAJ BOHRA, Sr. P.A.