By the interim order the Court directed not to pass the final order. In the mean time the AO issued notice u/s. 143(2) of the Act. The assesses filed the writ petition and contended that the notice and further proceedings be stayed .Dismissing the petition the Court held that the stay order has been granted t pursuant to request made by the Petitioner. If the Petitioner would not have pressed for the same, the Respondents would have been bound to pass the order within the statutory period prescribed under Section 153. The stay is operating against passing of the final assessment order. That does not mean that the continuation of the reassessment proceedings, in the meantime would be contrary to the statute. Court also observed that if the Petitioner were to succeed, such proceedings would be infructuous and the same are being conducted at the risk and peril of the Respondents. Accordingly no prejudice being caused to the Petitioner in any manner. Accordingly the petition is dismissed. (AY. 2011-12)