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2018 (12) TMI 1656 - HC - Income TaxMaintainability of writ petition against assessment order - Alternative remedy of appeal - approaching the wrong forum under bona fide mistake - HELD THAT:- Since the petitioner has an alternative remedy of appeal before the appellate authority, this writ petition stands disposed of with a direction that if the petitioner approaches the appellate authority by filing an appeal along with an application for condonation of delay within a period of four weeks from today, the appellate authority shall take into consideration all the contentions raised by the petitioner. While considering the prayer for condonation of delay, the Appellate Authority shall also take into consideration the period of pendency of this writ petition, i.e. from 22.12.2017 till today, for approaching the wrong forum under bona fide mistake. Till filing of the appeal, the interim order passed by this Court on 5.2.2018 shall continue.
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