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Judgment
Heard learned counsel for the parties.
Petitioner has prayed for the following relief(s):-
(i) for issuance of a writ of certiorari or any other appropriate writ quashing the Notice u/s 148 of the Income Tax Act, 1961 (""the Act"") dated
29.03.2019 (Annexure-1), for assessment year 2012-13 issued by the Assistant Commissioner of Income Tax, Central Circle-3, Patna (the
Respondent No.3 herein and also referred to as the ""Assessing Officer"" hereinafter) initiating proceedings for reassessment against the Petitioner as
being wholly arbitrary, illegal, without jurisdiction as the same has been initiated in absence of any finding attributing failure on part of the petitioner in
disclosing fully and truly all material facts necessary for assessment and on mere change of opinion.
(ii) For issuance of an appropriate writ quashing the preliminary order dated 22.11.2019 (Annexure- '2') passed in pursuance of the said Notice by
Respondent No.3 whereby the petitioner's objection on the issue of assumption of his jurisdiction has been rejected on the ground that share
application money was not examined with due diligence, as being wholly arbitrary, illegal and without jurisdiction.
(iii) For issuance of an appropriate writ quashing the notice u/s 142(1) dated 22.10.2019 (Annexure-'3') by which the petitioner has been directed to
furnish certain details along with connected documents as the same is erroneous and without any basis.
It is submitted on behalf of Senior Counsel of Income tax department that present petition has become infructuous inasmuch as, petitioner had filed
present writ petition for quashing the notice under Section 148 of Income Tax Act, 1961, dated 29.03.2019 for assessment year 2012-13 issued by the
Assistant Commissioner of Income Tax, Patna, the Assessing Officer. However, during pendency of writ petition, the proceeding initiated stands
concluded on 30.12.2019, by passing the final assessment order which is appealable.
The writ petition is disposed of with liberty to petitioner to file appeal against the order dated 30.12.2019 passed under Section 147 of the Income tax
Act, before the Appellate Authority and if any such appeal is filed before the appellate authority within 6 weeks, the appellate authority shall condone
the delay in filing appeal as matter remained pending before this Court and shall decide the appeal on merit within 12 weeks from the date of filing of
such appeal.