Income Tax

High Court declines to entertain Writ Petition against income tax penalty order in view of alternative remedy

High Court declines to entertain Writ Petition against income tax penalty order in view of alternative remedy available by way of appellate provisions 

ABCAUS Case Law Citation:
ABCAUS 2406 (2018) 07 HC

The petitioner assessee had not submitted his return of income an audit reports for the relevant assessment year within the prescribed due date and were filed belatedly.

A show cause notice was issued to the Petitioner and eventually  the Assessing officer imposed penalties under section 271F and section 271B of the Income Tax Act, 1961 (the Act). Later, demand notices under Section 156 of the Act were issued.

The petitioner filed a Writ Petition before the Hon’ble High Court challenging the penalty and the demand notices.

The petitioner tried to convince Hon’ble High Court that it was an eminent matter to be entertained, despite the alternative remedy the petitioner had.

On the other hand, the Revenue contended that the penalty order itself contains a reference to the appellate provision.

The Hon’ble High Court observed that under Section 246 of the Act, the petitioner had an efficacious alternative remedy.

His Lordship declined to entertain the writ petition.

Download Full Judgment Click Here >>

Share

Recent Posts

  • ICAI

Empanelment of ICAI Exam observer for January 2027 Examinations. Last date: 20.11.2026

Empanelment to act as ICAI exam observers for January 2027 CA Examination. Last date to apply is 20.11.2026 Empanelment of…

8 hours ago
  • GST

No arrest under GST- Major decision of 57th Meeting of GST Council held on 8th October 2026

No arrest under GST- Major decision taken in 57th Meeting of the GST Council on 8th October 2026 PRESS RELEASE…

2 days ago
  • Income Tax

Later SC ruling cannot render an act done in compliance of a court order a statutory default

A subsequent Apex Court ruling on the substantive issue cannot retrospectively make an act done in compliance of a binding…

3 days ago
  • Income Tax

Interest payment on mobilisation advance to NHAI not liable to TDS u/s 194A

Interest payment on mobilisation advance to NHAI not liable for deduction of tax at source u/s 194A - ITAT Interest…

3 days ago
  • Income Tax

Typographical error in turnover accepted during assessment not a mistake apparent from record

Typographical error in turnover declared in ITR was not as a mistake apparent from the record u/s 154 when AO…

5 days ago
  • Income Tax

Plea that assessee was not aware of order cannot be brushed aside in absence of proof of service

Ground taken by assessee that he was not aware of the order cannot be brushed aside so lightly in absence…

5 days ago