Facts of the Case
The present batch of writ petitions was filed by multiple
petitioners including Nimit Builders Private Limited and others
challenging actions of the Income Tax Department, specifically concerning
issues related to issuance and correctness of Form-3 under applicable
tax dispute resolution provisions.
During the pendency of these writ petitions, the grievance
raised by the petitioners stood addressed as revised Form-3 was issued
to them by the concerned authority in accordance with their prayers.
Issues Involved
- Whether
the writ petitions challenging defects or issues in Form-3 survive after
issuance of revised Form-3?
- Whether
any further adjudication is required once the relief sought by petitioners
has already been granted?
Petitioner’s Arguments
- The
petitioners initially approached the Court seeking correction/issuance of
appropriate Form-3.
- It
was submitted during hearing that the grievances raised in the petitions
had already been resolved as revised Form-3 had been issued in line
with the relief sought.
Respondent’s Arguments
- The
Revenue, through its counsel, acknowledged the developments and did not
oppose disposal of the petitions in view of compliance with the relief
sought.
Court’s Findings / Order
- The
Court recorded that revised Form-3 had been issued to the
petitioners.
- Since
the relief claimed in the writ petitions had already been granted, the
petitions were rendered infructuous.
- Accordingly,
all writ petitions were disposed of as satisfied.
Important Clarification by the Court
- Where
the grievance of a petitioner is redressed during the pendency of
proceedings, continuation of writ proceedings is unnecessary.
- Courts may dispose of such petitions as infructuous/satisfied without entering into merits
Link to download the order -
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