SHARAD KUMAR SHARMA
Anil Kumar Malhotra – Appellant
Versus
Union of India – Respondent
JUDGMENT :
1. In each of these writ petitions, the petitioner had questioned the Assessment Orders, as it had been passed by the respondents for the assessment years 2016-17, 2015-16, 2014-15, 2013-14 and 2017-18 respectively, as it engages consideration in all the writ petitions, referred to above. As a consequence of the proceedings, which was drawn under Section 147 to be read with Section 144B of the Income Tax Act, as passed by respondent No. 4, assessing the petitioner’s the consequential recovery of penalty has been resorted to by initiation of the proceedings under Section 271(1)(b) and Section 271(1)(c) by the impugned orders passed by the respondents.
2. It is not in controversy, that as against the respective Assessment Orders for the respective Financial Years referred to in the relief ‘a’, of each of the writ petitions, the petitioner had already invoked an Appellate Forum, and has filed an Appeal, which are still pending consideration before the appellate authority, and has not yet been adjudicated on its own merits.
3. During the pendency of the Appeal itself, the petitioner herein had filed a Stay Application, for the grant of an interim relief, as against the respe
The main legal point established in the judgment is that the remedy under taxing law is a statutory remedy and not an alternative remedy.
The main legal point established in the judgment is that writ petitions challenging assessment orders may not be maintainable if an alternative statutory remedy of appeal is available, unless there i....
The High Court will not entertain a writ petition if an effective alternative remedy exists, emphasizing the need to exhaust statutory remedies before seeking judicial intervention.
When there is an alternate remedy available, judicial prudence demands that court refrains from exercising its jurisdiction under constitutional provisions.
Assessment - Ground of violation of principle of natural justice-not giving adequate and effective opportunity of hearing not made out - series of adjournments were granted on the prayer of the petit....
Writ petitions are not maintainable when an effective alternative remedy exists, emphasizing the principle of self-imposed limitations on High Court's jurisdiction.
The main legal point established in the judgment is the admissibility of a writ petition challenging Assessment Orders under the CST Act, considering grounds of limitation, lack of opportunity for he....
Writ petitions against statutory authority orders are typically not entertainable if adequate appeals exist under corresponding statutes without justifiable reasons for bypassing such remedies.
Mandatory service of notice under tax law is crucial to validate assessment; failure vitiates proceedings and necessitates fresh assessment.
The failure to provide a personal hearing in faceless assessments under the Income Tax Act constitutes a violation of the principles of natural justice, rendering the assessment order invalid.
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