Court emphasizes exhausting statutory remedies before seeking discretionary relief under Article 226 of the Constitution

The court held that no intervention was warranted at this stage in the challenge to the assessment order, notice of demand, and notice of penalty issued post-dissolution of the company. It suggested availing the alternate statutory remedy under Section 246-A of the Income Tax Act. The court emphasized the need to exhaust statutory remedies before seeking discretionary remedies under Article 226 of the Constitution of India and clarified that writ petitions under Article 226 would only be entertained in exceptional circumstances. The petitioner was granted liberty to avail its statutory remedy of appeal.

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Issues:
1. Challenge to assessment order, notice of demand, and notice of penalty post-dissolution of the company.
2. Contention regarding violation of Circular dated 29.12.2017 and Section 250 of the Companies Act.
3. Availability of alternate statutory remedy under Section 246-A of the Income Tax Act.
4. Jurisdiction of the court to entertain a writ petition under Article 226 of the Constitution of India.

Analysis:
1. The petitioner challenged the assessment order, notice of demand, and notice of penalty issued after the dissolution of the company. The counsel argued that the assessment order passed post-dissolution should be considered a nullity. However, the court held that no intervention was warranted at this stage and suggested availing the alternate statutory remedy under Section 246-A of the Income Tax Act.

2. The contention of the petitioner regarding the violation of Circular dated 29.12.2017 and Section 250 of the Companies Act was raised. The court referred to various judgments, including the one in Munshi Ram vs. Municipal Committee, emphasizing the need to follow the prescribed statutory remedies. The court highlighted that statutory remedies must be exhausted before seeking discretionary remedies under Article 226 of the Constitution of India.

3. The court emphasized the availability of an alternate statutory remedy under Section 246-A of the Income Tax Act, which should be pursued by the petitioner. Citing precedents, the court reiterated the importance of following the specific statutory procedures for seeking remedies related to revenue statutes.

4. Regarding the jurisdiction of the court to entertain a writ petition under Article 226 of the Constitution of India, the court clarified that such petitions would only be entertained in exceptional circumstances where there is a clear infirmity on the face of the record. The court disposed of the writ petition, granting liberty to the petitioner to avail of its statutory remedy of appeal, emphasizing the rule of exhaustion of statutory remedies before seeking discretionary remedies.

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