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Sec. 153A of Income Tax Act, 1961 - Assessment - Any tax holiday can be granted to a person who declares a truthful return. It cannot and should not be granted to the person who claims that he purchased medical equipments in the guise of treating poor persons for a sum of Rs. 2,32,79,760/- and it is subsequently found that the entire transaction is bogus. The assessment order has been straight away challenged before High Court. The writ petitioner had not filed any appeal, even though the law provides him opportunity to do so. He had chosen the alternate method of coming before High Court. A rectification application was filed as against the assessment order and the same has also been rejected by the Assessing Authority and the rejection order was passed before filing the writ petition. However, the said fact has been suppressed. Writ petition is dismissed holding that ”the petitioner cannot complain about violation of any principle relating to natural justice. An assessment order has been passed. An appellate remedy is available. The petitioner has consciously decided to forego that remedy“. S. GURUSHANKAR Vs. CIT  427 ITR 175 (MAD)