TMI Blog1995 (2) TMI 50X X X X Extracts X X X X X X X X Extracts X X X X ..... inafter referred to as "the assessee"), seeks a writ, order or direction in the nature of certiorari quashing the notice (annexure "E") issued under section 154/155 of the Income-tax Act, 1961 (for short, "the Act"), requiring the assessee to show cause why the penalty order made under section 271(1)(c) of the Act, in respect of the assessment year 1964-65 be not rectified. Since the rectification ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notice the order sought to be rectified has since been rectified and the penalty leviable has been rectified to Rs. 1,17,073 and thus the writ petition has become infructuous. It is further stated that after the making of the said order under section 154 of the Act, an efficacious alternative remedy by way of an appeal to the Income-tax Appellate Tribunal is available to the assessee and, therefo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lications were dismissed as not pressed with the result that there was no restriction on the respondent from proceeding further in the matter after issuing the aforesaid show-cause notice. In fact, it is clear from the second Miscellaneous Application (C. M. No. 426 of 1977) that the Inspecting Assistant Commissioner continued with the proceedings initiated by him and after granting an opportunity ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... take recourse to two parallel proceedings for the same cause of action. As noted above, the action of the respondent under section 154 of the Act, impugned in this petition. is now the subject-matter of a regular reference before this court and, therefore, the assessee cannot be permitted to continue to agitate the same issue in the writ petition. In view of the aforesaid subsequent events, no ..... X X X X Extracts X X X X X X X X Extracts X X X X
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