- (1.) This writ petition is made by the pen of one of the Directors of the petitioner company. From the record I do not find any affidavit of competency.
(2.) According to the petitioner, the moot point of moving this writ petition is that the notices issued under section 143(2) and 142(1) of the Income Tax Act, 1961 both dated 12th February, 2002 in connection with the proceedings for assessment year 1975-76 shall be cancelled, withdrawn and rescinded by the order or orders of this Court.
(3.) On 31st October, 1975 the petitioner company filed a return of income for the assessment year 1975-76 showing the income of Rs.47,480/-. On 11th October, 1977 the petitioner company filed a revised return showing a loss of Rs.5,55,770/-. On 5th October, 1978 a draft order of assessment was sent by the Income Tax Officer under Section 144B, then existing, as the variation proposed to be made by the Income Tax Officer exceeded a sum of Rs.1,00,000/-. On 18th October, 1978 the petitioner sent an objection under Section 144B(2) of the Act in respect of proposed draft order of assessment. On 19th January, 1979 appropriate Assistant Commissioner of Income Tax gave hearing of the objection. The hearing of assessment was completed under Section 143(3) read with Section 144B of the Act on 7th April, 1979. On 9th April, 1979 the petitioner challenged the order as well as the proceeding. One of the Judges of this High Court was pleased to issue Rule and grant interim order of the injunction restraining the respondents from proceeding with the assessment of the year 1975-76. On 19th April, 1979 such Court was pleased to modify the interim order passed earlier on 9th April, 1979 and the authority was given liberty to continue and complete the proceedings under Section 144B of the Act of the assessment year 1975-76 but the final order passed, if any, will not be communicated to or enforced against the petitioner till the disposal of the Rule.;