Unadjudicated depreciation on goodwill challenge justified writ revival and an interim stay on reassessment proceedings.

Revival of a writ petition was warranted because its earlier disposal addressed only limitation, while the separately raised challenge to disallowance of depreciation on goodwill remained unadjudicated. Requiring a fresh petition for grounds already pleaded was avoided. Pending consideration of those grounds, further proceedings under the reassessment notice were stayed without prejudice to objections on maintainability and the availability of an appellate remedy. The interim application was allowed, and the writ petition was restored for admission.

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Issues: Whether the writ petition, earlier disposed of solely on limitation and subsequently set aside by the Supreme Court, should be revived to adjudicate the unaddressed challenge to disallowance of depreciation on goodwill.

Analysis: The earlier disposal addressed only limitation, while the remaining grounds concerning depreciation on goodwill were unrelated and had not been adjudicated. Revival avoided requiring a fresh petition for issues already raised. Pending consideration of those grounds, protection against further action on the reassessment notice was warranted without prejudice to the Revenue's objections on maintainability and availability of an appellate remedy.

Outcome: The interim application was allowed; the writ petition was revived, listed for admission, and further proceedings pursuant to the reassessment notice were stayed until further orders.

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