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2017 (8) TMI 957

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..... Appellate Tribunal against such an order and which remedy is of appeal, where both question of law and fact can be raised, then, we do not entertain this writ petition. The writ petition is disposed of on the ground of availability of alternate, equally efficacious remedy of an appeal to the Tribunal. However, we clarify that in the event the petitioner still wishes to raise the larger issue of th .....

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..... against the order dated 28-4-2017 of the Commissioner of Income Tax (Appeals)57, Mumbai, copy of which is at Annexure J (page 288 of the paper book) and such appeal would be filed within a period of ten days from the date of receipt of a copy of this order. 2. Since this is a writ petition directly filed in this Court challenging the order passed by the First Appellate Authority as above and t .....

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..... of receipt of a copy of this order, we requested Mr. Mohanty to take instructions whether the Revenue will stay its hands and not recover the amount, under the order of the First Appellate Authority, by coercive means. 3. Mr. Mohanty, in all fairness, states that till the appeal is lodged and filed and intimation in that behalf is given to the concerned Recovery Officer, the Recovery Officer wi .....

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