No ground to entertain Writ Petition where  there is equally efficacious remedy available before ITAT: Kerala HC dismisses Writ Petition [Read Order]

In a significant case the Kerala high court while dismissing the writ petition held that there is no ground to entertain a writ petition where there is equally efficacious remedy available before Income Tax Appellate Tribunal.

The petitioner Chandran Sarath is engaged in the business of buying and selling of cashew, in the name and style of Sree Bhadra Cashew Company.The assessment for the assessment year 2015-16 was completed under Section 147 read with Sections 144 and 144 B of the Income Tax Act, 1961.

As per the assessment order, the gross income, which escaped assessment was Rs.2,08,64,696/-, on which tax and penalty etc. has been demanded.

Aggrieved  by the order the petitioner filed appeal before the CIT(Appeal). Who dismissed the appeal .Thereafter the petitioner filed a second appeal before the ITAT.

During the appeal proceedings the single Judge of Dinesh Kumar Singh observed that the “no ground to entertain this writ petition inasmuch as there is equally efficacious remedy available to the petitioner of filing the 2nd appeal before the Income Tax Appellate Tribunal”

Harisankar V.Menon, Counsel  appeared for Appellant  and Jose Joseph appeared for the respondent

To Read the full text of the Order CLICK HERE

Support our journalism by subscribing to Taxscan premium. Follow us on Telegram for quick updates