MUKESH MITTAL vs. INCOME TAX OFFICER WARD 1 KAITHAL AND OTHERS

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CWP/8893/2022HC Punjab & HaryanaPHHC01043538202203 February 2025Author: MR. JUSTICE ARUN PALLI,MRS. JUSTICE SUDEEPTI SHARMA2 pages
AI SummaryWithdrawn

What did the High Court hold?

The High Court noted the submission by the learned Senior Standing Counsel for the respondents that the petitioner had a statutory remedy of appeal under Section 246A of the Income Tax Act, 1961, against the orders being assailed. The learned counsel for the petitioner then submitted that he be permitted to withdraw the petition to enable the petitioner to prefer an appeal under Section 246-A of the Income Tax Act, 1961. 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, and necessary orders would be passed expeditiously. In light of these submissions, the petition was disposed of.

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 30.03.2022, pertaining to the assessment year 2016-17. The respondents were the Income-Tax Officer Ward-I, Kaithal, and others. The respondents' 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.

What were the issues?

1. Whether the petitioner has an alternative statutory remedy of appeal under Section 246A of the Income Tax Act, 1961, against the order passed under Section 147 read with Section 144 and Section 144B, the notice of demand under Section 156, and the notice under Section 274 read with Section 271(1)(c) of the Act. Assessee's contention: The petitioner, by seeking to withdraw the petition, implicitly acknowledged the existence of the statutory remedy. The petitioner's counsel sought permission to withdraw the petition to enable the petitioner to prefer an appeal. Revenue's contention: The respondents' counsel submitted that the petitioner has a statutory remedy by way of appeal under Section 246A of the Income Tax Act, 1961, and therefore, ought to have filed an appeal in the first instance.

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-8893-2022(O&M) 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-8893-2022(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 the 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 2016-17 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 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.

RAJAN KUMAR 2025.02.04 10:32 I am approving this document

CWP-8893-2022(O&M) 2 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

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