This order dismisses a writ petition as the petitioner had already approached the Commissioner of Income Tax (Appeals) with a pending appeal against the same impugned order, and the court deemed it inappropriate to bypass the statutory remedy.
The writ petition and the pending application are dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~7
+ W.P.(C) 8395/2015 & CM 17901/2015
RAM NANDAN SINGH ..... Petitioner Through: Mr. Y.K. Kapoor, Advocate.
versus
ASST. COMMISSIONER OF INCOME TAX & ANR. ..... Respondents Through: Mr. Rahul Chaudhary, Senior Standing Counsel with Mr. Raghvendra Singh, Junior Standing Counsel and Mr. Sharad Agarwal, Advocate.
CORAM:
JUSTICE S.MURALIDHAR JUSTICE VIBHU BAKHRU
O R D E R
% 09.03.2016
S.MURALIDHAR, J
VIBHU BAKHRU, J
MARCH 09, 2016 b’nesh
2 issues framed by the court
Whether the writ petition should be allowed when a statutory appeal against the order is already pending before the Commissioner of Income Tax (Appeals).
Whether the court should permit the petitioner to bypass the statutory remedy already availed.
Ram Nandan Singh
Asst. Commissioner of Income-Tax
S. Muralidhar
Vibhu Bakhru
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
