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TMI Blog2015 (9) TMI 1242X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome Tax Act was itself under challenge, we are of the opinion that the learned Single Judge has rightly held that the writ petition, in the said circumstances, would be maintainable. No interference is called for with such part of the order of the writ court challenged in this appeal. - Writ Appeal No. 1614/2015 (T IT) - - - Dated:- 2-9-2015 - Vineet Saran And B. Manohar, JJ. For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ardiwalla, learned senior counsel along with Sri T Suryanarayana, learned counsel for the respondent company, we are of the opinion that there is no merit in this appeal. We say so as the learned Single Judge has not accepted the contention of the Department on the ground that in a catena of judgments, this court as well as the Hon'ble Apex Court has held that exercise of extraordinary jurisd ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e ground of jurisdictional error. In that view of the matter, the contention raised by Sri K V Aravind cannot be accepted with regard to maintainability of the writ petition and same stands rejected. The Division Bench of this Court in the case of N Govindaraju Vs Income Tax Officer ITA 504/2013 decided on 1.7.2015, has held that the notice under section 148 is justiciable, meaning thereby t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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