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Nipani Industries Versus Union of India and ors.

2017 (2) TMI 458 - MADHYA PRADESH HIGH COURT

Statutory remedy of appeals available - Held that:- Based on the communications that are available on record, even the question with regard to jurisdiction of respondent No.4 or respondent No.5 to conduct the assessment proceedings is a disputed ques .....

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it is a case where even the jurisdiction available to the assessing officer is in dispute. That being so when a three tire remedy of appeal is available to the petitioner, it is not appropriate for a writ Court to exercise its extra ordinary jurisdi .....

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on (ACJ) And Anjuli Palo, JJ. ORDER Rajendra Menon (ACJ) Challenging an order - Annexure-P/1, dated 20.12.2016 passed by the Assessing Officer namely; respondent No.4 in a proceedings held u/s 143(3) of the Income Tax Act for the assessment year 2014 .....

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ncome Tax Act and the reason for nonavailing the statutory remedy of appeal is explained by contending that under the orders passed by the Joint Commissioner, Income Tax, Range-II, Jabalpur exercising powers u/s 120 on 12.5.2015 with regard to assess .....

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sdiction and by incompetent person, this writ petition can be entertained. 2. That apart, it was tried to be indicated that as the demand made after the assessment is on the higher side, the remedy of appeal is not efficacious. 3. On notice being iss .....

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been clarified and it has been pointed out not only to the petitioner, but, to all concerned that with regard to PAN (i.e. ABFN9320R), the jurisdiction has been given to Assistant Commissioner, Income Tax, Circle-2(1), Jabalpur and as respondent No. .....

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in accordance with the Rules and there is no error in the same. 4. Having bestowed our consideration to the rival contentions, we are of the considered view that based on the communications that are available on record, even the question with regard .....

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