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TMI Blog2022 (2) TMI 1151X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment in the year 2021 - Petitioners have filed appeal before the Appellate authority exercising their right of appeal. While the appeal is pending for last many months, the petitioners seek to invoke the jurisdiction of this Court. While the jurisdiction of this Court to examine the correctness and validity of the order cannot be disputed, at the same time, we are not inclined to exercise our discretionary jurisdiction to entertain the dispute brought before us for the reason that there is not only an alternative remedy available to the petitioners under the law but that remedy has been invoked by the petitioners and the appeal is pending consideration. The argument of petitioners that the explanation to the provision contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... st of pendency of their appeal against the order of assessment, precisely is based on the ground that the order which has been passed by the authorities are results of search and seizure carried out in blatant violation of the provisions contained in Section 132 of the Income Tax Act, 1961. Learned counsel for the petitioners urged the Court to entertain the matter on the ground that the correctness and validity of the reason to believe may not be entertained by the Appellate authority and the petitioners filed appeal only to avoid objection with regard to limitation in the matter of challenge to order of assessment. Relying upon the decision of the Supreme Court in the case of Union of India Vs. Ajit Jain and Another [(2003) 181 Cur ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the reason that there is not only an alternative remedy available to the petitioners under the law but that remedy has been invoked by the petitioners and the appeal is pending consideration. The argument of the learned counsel for the petitioners that the explanation to the provision contained in Section 132 may not allow the Appellate authority to dwell into the reasons on which the authority initiated the search and seizure proceedings, in our opinion, would not in any manner affect the jurisdiction of the Appellate authority to examine the legality and validity of the order of assessment and demands on its own merits and decide the same in accordance with law. In view of above consideration, we are not inclined to go into the meri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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