2022 (2) TMI 1466 - HC - Income Tax

Validity of assessment order and demand notice - contention of the petitioner that the AO has traversed beyond the terms of remand as made out by the Tribunal - HELD THAT - When the substantive right of appeal u/s 246-A of the Income Tax Act is available, the petitioner would be well advised to invoke the substantive remedy. Though the petitioner contends that the directions of the Tribunal have not been followed while passing a fresh order, said contention is also open to be advanced before the Appellate Authority. No ground is made out for invocation of the writ jurisdiction. Accordingly, petition is dismissed. Liberty is reserved to the petitioner to explore the substantive remedy of appeal u/s 246-A of the Act. If appeal is filed within thirty days from today same shall be taken on its merits and disposed off without raising any objections as regards to the limitation in light of the pendency of proceedings before this Court.

Summary

The petitioner sought to quash the assessment order dated 20.09.2021 and the demand notice. The Assessing Officer passed a fresh assessment order after remand by the Tribunal. The petitioner contended that the Assessing Officer exceeded the terms of remand. The High Court dismissed the petition, advising the petitioner to pursue the substantive remedy of appeal under Section 246-A of the Income Tax Act. The petitioner was granted liberty to file an appeal within thirty days.