Sec. 147 of Income Tax Act, 1961—Re-assessment —Assessees filed writ petitions against notices issued under Section 148 of the Income Tax Act, 1961 by the authority for the assessment year 2010-11 have been sought to be quashed with a declaration that the assumption of jurisdiction under Section 147 of the Act, 1961 by the authority for the assessment year 2010-11 is ab initio void and further for quashing and setting aside the assessment order under Section 143(3)/147 of the Act, 1961 dated 24.03.2015. The revenue has submitted by raising the issue of maintainability on the ground of availability of alternative remedy of appeal.
Court, after applying the principle as laid down by the Hon’ble Apex Court and considering the fact that the factual dispute has been agitated, is of the view that when alternative remedy of appeal is available under the statute, it would not be appropriate and proper for the Court to exercise extraordinary jurisdiction conferred to the Court. The writ petitions stand dismissed, however, with the liberty to the petitioners to avail the statutory remedy of appeal. --- KASAUTII vs. CIT.[2020] 23 ITCD Online 89 (JHARKHAND)