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2018 (2) TMI 1372 - HC - Income TaxAssessment u/s 158BD r.w.s. 158 BC(c) - availment of appeal remedy before ITAT - Held that:- Complicated factual issues are to be first thrashed out before one goes into the aspect as to which of the legal principles as put forth would apply. Record of proceedings shows that there has been an order of interim stay granted by this Court in this writ petition, when the writ petition was entertained on 26.11.2002 and till date, interim order is in force and infact, it has been made absolute on 31.12.2002, much prior to the filing of the counter affidavit by the 1st respondent, dated 22.08.2003. Therefore, while relegating the assessee to avail the appellate remedy before the ITAT, this Court is inclined to direct that the impugned assessment proceedings shall continue to remain stayed till the disposal of the appeal by the Tribunal. Writ petition is held to be not maintainable and accordingly dismissed and the petitioner is granted liberty to file an appeal before the ITAT as against the impugned assessment order.
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