TMI Blog2018 (4) TMI 1001X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of two issues, which have been mentioned in the impugned assessment order, as, in respect of other issues, the petitioner itself is in the process of filing an appeal before the Commissioner of Income Tax (Appeals). Thus a piecemeal challenge to the impugned order should not be encouraged, more particularly when factual issues are involved and it is but proper for the petitioner to avail the statutory appeal remedy and not to by-pass the same. This Court finds that this is not a fit case where the discretionary jurisdiction under Article 226 of The Constitution of India should be exercised - writ petition is held to be not maintainable and the petitioner is granted liberty to avail the alternate remedy of appeal before the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... low the decision in Redington (India) Limited. It is also pointed out that the facts in the said decision are similar to that of the petitioner's case that no disallowance under Section 14A of the said Act can be made. 5. In the said objections, the petitioner also pointed out that there is a miscalculation in the 14A workings in the draft assessment order, that at the time of filing income tax returns themselves, they had calculated a detailed working for disallowance under Section 14A of the said Act as ₹ 8 lakhs and that this has not been considered in the draft assessment order. In the said objections, the petitioner also disputed the finding recorded by the respondent in the draft assessment order as if their representativ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion of applying the statutorily prescribed method would arise only if the Assessing Officer expresses his opinion rejecting the assessee's methodology and the figure offered at the time of assessment and that this is material because the jurisdiction to go into the method prescribed in the Rules arises only if the amounts the assessee offers do not have any realistic correlation with the tax exempt income. Therefore, if this procedure is not followed, Section 14A of the said Act would be reduced to a mere formality. 8. On the above grounds, the learned counsel for the petitioner submits that a portion of the order passed by the respondent may be set aside and that the matter be remanded to the respondent for a fresh consideration. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er Article 226 of The Constitution of India is not absolute, but has to be exercised judiciously in the given facts of the case and in accordance with law and the normal rule is that a writ petition under Article 226 of The Constitution of India ought not to be entertained if alternate statutory remedies are available except in cases falling within the well defined exceptions. Some of the exceptions, which were pointed out, are (i) violation of the principles of natural justice (ii) the statutory authority has not acted in accordance with the provisions of the enactment and (iii) in defiance of the fundamental principles of judicial procedure. 12. By applying the above principles, if this Court looks into the facts of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
