9911796707
TMI Blog2025 (5) TMI 215X X X X Extracts X X X X X X X X Extracts X X X X ..... -19 on 31.10.2018 reflecting an income of Rs. 15,94,710/-, which included business income from his proprietary concern, namely M/s Agarwal Distributor, which it is claimed, is the authorized distributor of ITC and Haldiram snacks. 3. Notice under Section 143(2) of the Act was issued on 22.09.2019 after picking up the return for scrutiny and assessment order dated 21.04.2021 was passed under Section 143(3) read with Section 144B of the Act and against the returned income of Rs. 15,94,710/-, assessment was completed at an income of Rs. 27,27,570/- after adding an amount on account of undisclosed income and on account of adhoc disallowances under various heads of expenses. 4. Feeling aggrieved of the assessment made on 21.04.2021, petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... informations with regard to the turnover declared and the cash deposited and to explain reasons as to why the cash deposits be not treated as unexplained cash credits under Section 68 or unexplained money under Section 69A of the Act. 7. The petitioner filed his response to the notice and claimed that Form GSTR-9C and Form 52 under GST/VAT Act demonstrate that the amount of turnover as disclosed in the audited financial statements and GSTR-9C was Rs. 19,86,02,939/- and the amount of VAT paid for the period 01.04.2017 to 30.06.2017 was Rs. 14,93,216/- and, therefore, the aggregate of sales and VAT/GST including Cess came to Rs. 32,85,97,908/-, which covered the amount deposited in the bank. Further details/documents sought from the petition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sits was accepted without verification and examination of books of accounts of the assessee, which was prejudicial to the interest of the revenue. The order was not questioned and once after a detailed investigation, the assessing officer has come to the conclusion that the petitioner has failed to explain the deposit of excess cash, no interference is required in the order impugned. Further submissions have been made that the petitioner has an alternative remedy of appeal under the provisions of the Act and there is apparently no reason for bypassing of said remedy of appeal and, therefore, the petition deserves dismissal. 12. We have considered the submissions made by counsel for the parties and have perused the material available on rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y in exceptional circumstances despite availability of statutory remedy. Recently, Hon'ble Supreme Court in Jaipur Vidyut Vitran Nigam Limited vs. MB Power (MP) Limited : (2024) 8 SCC 513, after referring to the judgement in Radha Krishan Industries vs. State of H.P. : (2021) 6 SCC 771, has laid down that though availability of an alternative remedy is not a complete bar in the exercise of power of judicial review by the High Courts, the recourse to such a remedy would be permissible only if extraordinary and exceptional circumstances are made out. It was observed that when a right is created by a statute, which itself prescribes the remedy or procedure for enforcing the right or liability, resort must be had to that particular statutory re ..... X X X X Extracts X X X X X X X X Extracts X X X X
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