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TMI Blog2021 (7) TMI 1284X X X X Extracts X X X X X X X X Extracts X X X X ..... t Year 2006-07. The petitioner is a regular assessee and filed Return of Income. The learned counsel for the petitioner made a submission that the regular assessment was made based on the materials, books of accounts and informations provided by the assessee and was concluded. However, the reopening of assessment proceedings were initiated on change of opinion and therefore, the petitioner has chosen to approach this Court. The learned counsel for the petitioner reiterated that the Hon'ble Supreme Court of India granted stay on 14.11.2014, stating that stay will be in force if the assessment orders are not passed. However, the assessment order was passed on 13.11.2014 and the learned counsel for the petitioner states that it was anteda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the original records available. Such an adjudication cannot be done by the High Court in a writ proceedings under Article 226 of the Constitution of India. Certain intricacies and expertise in the matter of accountancy are to be considered by the appellate authorities and it may not be appropriate on the part of the High Court at this juncture to venture into the disputed transactions as well as the other materials available on record. Thus, the final fact finding by the appellate authority would be of assistance for the purpose of exercise of the power of judicial review by the High Court under Article 226 of the Constitution of India. Thus, exhausting the appellate remedy is of paramount importance and at no circumstances, be undermined. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he other ground stating that the principles of natural justice is violated or statutory requirements are not complied with or there is an illegality or otherwise. Thus, dispensing with an appellate remedy is to be granted cautiously in view of the fact that the very purpose and object of legislation providing an appellate remedy cannot be diluted nor the benefit be denied to the aggrieved person to exhaust the same. The statutory appellate authorities are the final fact finding authorities. Thus, the finding to be made by such appellate authorities with reference to the documents and evidences are of paramount importance for the purpose of exercise of judicial review by the High Court under Article 226 of the Constitution of India. 6.The p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng mode and such Writ Petitions are filed with a view to avoid pre-deposits to be made in statutory appeals and on the ground that the appellate remedies are time consuming. 8.This being the factum established, the petitioner is at liberty to prefer an appeal before the appellate authority having jurisdiction within a period of four weeks from the date of receipt of a copy of this order. In the event of filing any such appeal, the appellate authority is bound to adjudicate the same on merits and in accordance with law and by affording opportunity to the writ petitioner and dispose of the appeal as expeditiously as possible. With this direction, the Writ Petition stands disposed of. No costs. Consequently, connected Miscellaneous Petition ..... X X X X Extracts X X X X X X X X Extracts X X X X
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