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2023 (6) TMI 284 - HC - Income TaxMaintainability of appeal - assessment completed as per Section 143(3) - alternate remedy in the form of an appeal u/s 246A - During the search, certain incriminating materials relating to the petitioner firm and other dealers were seized by the respondent and based on this search, it was found that the group had been using a customized software, called 'J PACK' solely for the purpose of recording the unaccounted gold and cash transactions - HELD THAT:- As rightly pointed out by respondent, a mere perusal of the impugned assessment order would clearly show that the authority below has taken into consideration the defenses raised by the petitioner herein and on a comparison of the ledger of the petitioner with the ledger maintained by M/S.Mohanlal Jewelers (P) Ltd, the nexus between the two has been set out in the tabulated statement in paragraph No.8.1 of the impugned order. The impugned order also goes on to state that some of the entries in the 'J PACK' does not find place in the ledger of the petitioner. The respondent has considered each of the submissions made, particularly, the defense with reference to the plea for cross-examination and had passed the order. Therefore, it cannot be stated that the order is a non-speaking one. The petitioner has also appeared for an enquiry before the concerned authority. Therefore, in all fairness and relying upon the judgment of the Hon'ble Supreme Court in PIRAI CHOODI [2010 (11) TMI 26 - SC ORDER], interests of justice require that the petitioner invokes the alternate remedy available to him, which is an effective alternative remedy. All the contentions raised now before this Court can very well be agitated by the petitioner before the appellate authority. WP dismissed.
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