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2017 (12) TMI 677 - HC - Income TaxAssessment against legal heirs - making the petitioners liable for the alleged income tax which was payable by the petitioners father - Held that - This Court finds that the issues canvassed by the petitioners in these writ petitions are complicated questions of fact. Rather they are disputed questions of fact which are needed to be established by the petitioners - the propounders of the affidavits. Therefore the petitioners should necessarily avail the remedy under the provisions of the Income Tax Act 1961 which provides for an appeal before the Income Tax Appellate Tribunal. Further it is relevant to point out that the Tribunal being the last forum which can adjudicate into the factual disputes would be well within its jurisdiction to call for the records examine and appreciate the correctness of the same make a thorough exercise and then come to a conclusion as to whether the order of assessment has been passed in a proper manner in due compliance of the provisions of the said Act. Hence the petitioners have to avail the appeal remedy provided under the said Act. For all the above reasons this Court holds that the writ petitions are not maintainable.
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