MUKESH MITTAL vs. INCOME TAX OFFICER WARD 1 KAITHAL AND OTHERS
What did the High Court hold?
The High Court noted that the revenue had pointed out the availability of a statutory remedy of appeal under Section 246A of the Income Tax Act, 1961. The petitioner's counsel, after arguing the matter, sought permission to withdraw the petition to enable the petitioner to prefer an appeal under Section 246A. The Senior Standing Counsel for the respondents stated that any such appeal filed by the petitioner would be taken cognizance of and dealt with in accordance with law expeditiously. Consequently, in light of the submissions made by both parties and the availability of the statutory remedy, the petition was disposed of as withdrawn. The court did not decide on the merits of the original challenge.
What were the facts?
The petitioner, Mukesh Mittal, filed a writ petition before the High Court of Punjab and Haryana at Chandigarh challenging an order passed under Section 147 read with Section 144 and Section 144B of the Income Tax Act, 1961, a notice of demand under Section 156, and a notice under Section 274 read with Section 271(1)(c) of the Act, all dated March 30, 2022, for the assessment year 2015-16. These were passed by the Income-Tax Officer, Ward-I, Kaithal. The revenue, through its Senior Standing Counsel, pointed out that the petitioner had a statutory remedy of appeal under Section 246A of the Income Tax Act, 1961, against the impugned orders and therefore should have filed an appeal first. The petitioner's counsel then sought permission to withdraw the petition to pursue the statutory appeal.
What were the issues?
1. Whether the petitioner has an alternative statutory remedy available against the impugned order and notices, and if so, whether the writ petition is maintainable? (Question of law and procedure, turning on Section 246A of the Income Tax Act, 1961). Assessee's contention: The petitioner sought to challenge the orders and notices through a writ petition. Revenue's contention: The revenue argued that the petitioner has a statutory remedy of appeal under Section 246A of the Income Tax Act, 1961, against the impugned order and therefore ought to have filed an appeal in the first instance, implying the writ petition was not maintainable.
Which sections of the Income-tax Act were involved?
Section 147,Section 144,Section 144B,Section 156,Section 274,Section 271(1)(c),Section 246A
AI-generated summary — verify with the full judgment below
CWP-8913-2022(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8913-2022(O&M) Date of decision: 03.02.2025 Mukesh Mittal … Petitioner Versus Income-Tax Officer Ward-I, Kaithal and others … Respondents CORAM: HON’BLE MR. JUSTICE ARUN PALLI HON’BLE MRS. JUSTICE SUDEEPTI SHARMA Present: Mr. S. Vasudevan, Adocate, Mr. Karanjot, and Mr. Tanmay Bhatnagar, Advocates, for the petitioner. Ms. Gauri Neo Rampal, Sr. Standing Counsel, for the respondents. (Through Hybrid Mode) *** ARUN PALLI, J. (Oral) The petitioner (Mukesh Mittal) has prayed for the following substantive relief: “A writ of certiorari or a writ in the nature of certiorari or any other writ/order/direction thereof for quashing/setting aside the impugned order under Section 147 read with Section 144 and Section 144B of the Act (Annexure P-1), dated 30.03.2022 the notice of demand under Section 156 of the Act (Annexure P-1) and the notice under Section 274 read with 271(1)(c) of the Act (Annexure P2) all dated 30.03.2022 for the assessment year 2015-16 passed by the respondent No.2.” With reference to the averments set out in paragraph 24 of the petition, learned Senior Standing Counsel appearing for the respondents submits that against the order(s) being assailed, the petitioner has a statutory RAJAN KUMAR 2025.02.04 10:32 I am approving this document
CWP-8913-2022(O&M) 2 remedy by way of appeal under Section 246A of the Income Tax Act, 1961, and therefore, he ought to have filed an appeal in the first instance.
Having argued the matter at some length, learned counsel for the petitioner submits that he be permitted to withdraw the petition so as to enable the petitioner to prefer an appeal in terms of Section 246-A of the Income Tax Act, 1961. In response, learned Senior Standing Counsel for the respondents submits that, in the event, any such appeal is filed by the petitioner, the same shall be taken cognizance and dealt with in accordance with law, and the necessary orders shall be passed as expeditiously as possible. In the wake of the position sketched out above, as also the statements made by learned counsel for the parties, the petition is accordingly disposed of. ( Arun Palli )
Judge 03.02.2025 Rajan ( Sudeepti Sharma ) Judge Whether speaking / reasoned: YES/NO Whether Reportable: YES/NO RAJAN KUMAR 2025.02.04 10:32 I am approving this document
More judgments on Section 147
- ACIT Central Bilaspur, Bilaspur vs Arun Kumar Agrawal, SaktiITSSA 26/RPR/2025[2018-19]Status: Disposed21 Oct 2026AY 2018-19
- Vinod Agrawal, Kawardha vs Assisstant Commissioner of Income Tax…ITA 666/RPR/2026[2019-20]Status: Heard21 Oct 2026AY 2019-20
- Sar Business Tradelink Private Limited… vs Income Tax Officer, Ward - 1(2), RaipurITA 599/RPR/2026[2014-15]Status: Heard21 Oct 2026AY 2014-15
- Tarunaben Maganlal Bhut, Navagam vs ITO Ward 2(2)(1), RajkotITA 673/RJT/2026[2024-25]Status: Disposed21 Oct 2026AY 2024-25
- Neo Incorporation, Rajkot vs DCIT Circle- 1(2), RajkotITA 471/RJT/2026[2012-2013]Status: Disposed21 Oct 2026AY 2012-2013
Recent GST High Court judgments
Search GST case law →- M/S Rentex Polymers Private Limited vs. Assistant Commissioner Of Central Goods And Services TaxDelhi · 29 Oct 2026
- M/S Maa Shila Traders vs. The State Of BiharPatna · 29 Oct 2026
- M/S Ashish Enterprises vs. Assistant Commissioner Gsto Ward No. 86Delhi · 29 Oct 2026
- M/S. Bhanwal Trading And Company vs. The Union Of INDIARajasthan · 28 Oct 2026
- M/S. Saraswati Enterprises vs. State Of RajasthanRajasthan · 28 Oct 2026