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2016 (12) TMI 1195 - HC - Income TaxAssessment u/s 153A validity - Held that:- The matter pertains to factual determination of the issue and as such this Court cannot assume the power of appellate court, moreover, it is not that there is no other efficacious alternative remedy available to the petitioner – assessee, ground on which the jurisdiction of this Court under Article 226 of the Constitution of India is to be invoked, taking into consideration the fact that there is availability of alternative remedy of appeal, we thought it proper not to interfere with the issue since only notice U/s.153-A has been issued to the petitioner with a direction to satisfy the authority, moreover, the search and seizure was conducted on 11.09.2014, well within the knowledge of the petitioner – assessee, but he has not challenged the authority of the jurisdiction under the Act fairly for a period of more than two years and it is only after the notice U/s.153-A of the Act, 1961 issued, this writ petition has been filed. Hence we are of the considered view that this is not the appropriate stage to entertain the writ petition for the reasons discussed herein above. Accordingly the writ petition is dismissed, however reserving liberty to the petitioners that if they chose to avail the alternative remedy of appeal, they may avail the same by raising all points which are available to them and in that situation the authority concerned will take decision in accordance with law.
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