BHOLA NATH KESHARI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS application and Criminal Miscellaneous Nos. 4991, 4823 and 4969 of 1991 are being disposed of by this common order as a common question is involved therein.

(2.) IT appears that a best judgment assessment order was passed under Section 144 of the Income-tax Act, 1961 {hereinafter referred to as the Act), against the assessee in relation to four different years. Prosecution of the petitioner was launched in these four cases because of passing of best judgment assessment against the petitioner. IT appears that against the said assessment order, the matter was taken in appeal before the Commissioner of Income-tax, who has set aside the order of the Assessing Officer and remanded the matter. The said remand order has been upheld in further appeal by the Income-tax Appellate Tribunal. IT has been stated that since the basis of the order has gone, prosecution of the petitioner should not be allowed to continue.