Writ appeal dismissed without costs, stressing statutory remedies under Income Tax Act. Respondent's right to present case before Appellate Tribunal clarified.

The writ appeal was disposed of without costs, emphasizing the importance of availing statutory remedies under the Income Tax Act. The court highlighted the respondent's right to present their case before the Appellate Tribunal and clarified the application of limitation in such cases. The decision underscored the significance of pursuing appropriate legal avenues for resolving tax disputes.

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Issues:
Computation of limitation under Section 92-CA(3) of the Income Tax Act, 1961.

Detailed Analysis:

Issue 1: Computation of Limitation
The writ appeal involved a dispute regarding the computation of limitation under Section 92-CA(3) of the Income Tax Act, 1961. The Appellants challenged the order contending that it was barred by limitation. The Learned Writ Court, in a batch of cases, considered the matter where the assessee had challenged the order passed under the said section. The court noted that the assessee had approached the Dispute Resolution Panel (DRP) against the draft assessment order. The court permitted the respondent/writ petitioner to pursue the statutory remedy opted by them, resulting in the closure of the writ petition without a decision on merits.

Issue 2: Applicability of Conclusion
The Appellants raised concerns over the order, arguing that the conclusion reached by the Learned Writ Court did not apply to the respondent-writ petitioner. This was due to the fact that the writ petition filed by the respondent was closed as they chose to avail the alternate remedy by approaching the DRP. The court clarified that the respondent would have the opportunity to address all legal and factual issues before the Income Tax Appellate Tribunal, including the matter of limitation.

Conclusion
The writ appeal was disposed of with no costs, and the connected Miscellaneous Petitions were closed. The judgment emphasized the importance of availing statutory remedies provided under the Income Tax Act and highlighted the right of the respondent to present their case before the Appellate Tribunal. The decision provided clarity on the application of limitation in such cases and the significance of pursuing appropriate legal avenues for dispute resolution in tax matters.

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