Wp(C)/1581/2009 Of Indian Oil Corpn Ltd.bongaigaon Refinery v. The Commissioner Of Income Tax And Ors

HON’BLE MR JUSTICE I A ANSARI Heard Mr. D. Baruah, learned counsel for the petitioner, and Mr. U. Bhuyan, learned counsel, appearing on behalf of the respondents. It is submitted, on behalf of the petitioner, that in terms of the directions, issued by this Court, the question of stay of the impugned assessment order has been considered by the respondent No. 2, namely, Commissioner of Income Tax (Appeals), Guwahati, and, having considered the matter, the respondent No. 2 has already granted stay of the recovery proceeding and, hence, this writ petition has become infructuous and, the same may, therefore, be disposed of accordingly. In support of his submissions, that the respondent No. 2 has granted stay, as conceded by the petitioner, the learned counsel for the respondents has produced, before this Court, a copy of the order, dated 28.04.2009, passed, in this regard, by the respondent No. 2, namely, Commissioner of Income Tax (Appeals), Guwahati. The respondents have raised no objection to the submissions, so made, on behalf of the petitioner. In view of the above and in the interest of justice, this writ petition is closed as having become infructuous. The interim directions, passed in this writ petition, shall accordingly stand modified. Let the copy of the order aforementioned, produced by Mr. D. Baruah, be kept with the record of this writ petition.