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2016 (5) TMI 948 - HC - Income TaxNRI challenging the assessment order u/s 144 - Held that:- The Assessing Officer has recorded a categorical finding of fact that the return was filed by the petitioner as a "resident" on 31 March 2014 and the claim of the petitioner that he was a Non Resident Indian on the basis of a passport could not be substantiated by him. In this regard information was sought from the Foreigners Regional Registration Office and the department informed that the records maintained at the Indra Gandhi Airport, New Delhi, were got checked but they do not substantiate the claim of the petitioner. The Income Tax Officer, therefore, concluded that the claim of the petitioner of being a 'Non Resident Indian' remains unsubstantiated and the status of the petitioner would be that of a 'resident'. Be that as it may, we are not inclined to entertain this petition as the petitioner has an alternative remedy of filing an appeal under Section 246 (1) (a) of the Act. Section 246 (1) provides that subject to the provisions of sub- section (2), any assessee aggrieved by any of the orders mentioned therein the Assessing Officer may appeal to the Deputy Commissioner (Appeals). The orders include an order where the assessee denies his status as that of a 'resident' and claims to be 'Non Resident'. The impugned order is, therefore, clearly appealable. We, therefore, as the petitioner has a statutory right of filing an appeal under Section 246 (1) (a) of the Act, decline to entertain this petition.
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