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TMI Blog2022 (5) TMI 376X X X X Extracts X X X X X X X X Extracts X X X X ..... d 30.3.2022 wherein sub-section (9) of Section 144B of the Act of 1961 has been omitted w.e.f. 1.4.2021. By virtue of amendment brought in by the Legislature, the ground raised before this Court is not available as said provision itself stood omitted from the statute book with retrospective effect. Petitioner is having efficacious alternative statutory remedy of filing appeal before the appellate authority who can consider and decide other issues raised in this writ petition. We not inclined to entertain this writ petition as the petitioner is having efficacious alternate statutory remedy of appeal and it is accordingly dismissed. Petitioner may approach Appellate Authority under the Act of 1961 raising all grievances and grounds, as rai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 21. 10.6. Any other relief that this Hon'ble rt may deem fit. 2. Learned counsel for the petitioner would submit that petitioner is a company engaged in the trading business of gold, silver bullion and also manufacturing selling gold jewelleries, diamond and other precious stones. On 8.10.2018 petitioner company submitted its return under Section 139 (1) of the Act of 1961 for the assessment year 2018-19 declaring its total income of Rs.3,55,90,530/- with a tax liability of Rs.1,17,71,410/-. Petitioner received notice dated 23.9.2019 issued under Section 143 (2) of the Act of 1961 regarding initiation of proceedings under Computer Aided Scrutiny Selection (CASS) raising certain issues. Petitioner thereafter received letter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... spondent Department without considering response of petitioners had passed the order of assessment requiring the petitioner to pay amount of Rs.2,07,05,690/- and also notice intimating petitioners about initiation of proceedings for imposition of penalty under Section 271-AAC (1) of the Act of 1961. The order of assessment and consequent proceedings were drawn after coming into force of Section 144B of the Act of 1961. The proceedings drawn for assessment under Section 143 (3) is in violation of the specific provisions contained under Section 144B i.e. of following mandatory procedure before passing assessment order under Section 143 (3). She also contended that petitioners ought to have been given notice of proposed variations along with d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee, etc. It was further directed to check upon such issues before approving final assessment order. In support of her contention she places reliance upon the order dated 14.1.2022 passed by Division Bench of Delhi High Court in WPC No.14528/2021 and CM Application No.45702/2021 (Bharat Aluminum Co. Ltd. Vs Union of India); order dated 31.5.2021 passed by Delhi High Court in WPC No.5587/2021 CM Application No.17382/2021; order dated 5.10.2021 passed by Division Bench of High Court of Gujarat at Ahmedabad in R/Special Leave Application No.7662/2021 [Gandhi Realty (India) Pvt. Ltd. vs. Assistant/Joint/Deputy/Assistant Commissioner of Income Tax/ Income Tax Officer. 3. Learned counsel for respondent department would submit that assessme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not available as said provision itself stood omitted from the statute book with retrospective effect. Petitioner is having efficacious alternative statutory remedy of filing appeal before the appellate authority who can consider and decide other issues raised in this writ petition. 7. For the foregoing reasons, I am not inclined to entertain this writ petition as the petitioner is having efficacious alternate statutory remedy of appeal and it is accordingly dismissed. Petitioner may approach Appellate Authority under the Act of 1961 raising all grievances and grounds, as raised in this petition. If petitioner prefers an appeal within a period of thirty days from today, the Appellate Authority shall consider and decide the same on its own ..... X X X X Extracts X X X X X X X X Extracts X X X X
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