Writ petition dismissed; order under Income Tax Act section 264 upheld, alternative remedies under sections 263 and 154 noted. The Calcutta HC dismissed a writ petition challenging an order under section 264 of the Income Tax Act, 1961. The petitioner, who had alternative remedies ...
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Writ petition dismissed; order under Income Tax Act section 264 upheld, alternative remedies under sections 263 and 154 noted.
The Calcutta HC dismissed a writ petition challenging an order under section 264 of the Income Tax Act, 1961. The petitioner, who had alternative remedies under sections 263 and 154, opted for section 264, which is not appealable. The court emphasized it cannot serve as an appellate authority over the assessment order. The order under section 264 is not considered prejudicial to the assessee per section 264(7), Explanation (1). The writ petition was dismissed without costs.
The Calcutta High Court dismissed a writ petition challenging an order under section 264 of the Income Tax Act, 1961, dated March 28, 2016. The petitioner had alternative remedies under sections 263 and 154 of the Act but chose section 264, which is not appealable. The court cannot act as an appellate authority over the assessment order. The order under section 264, though invoked by the petitioner, is not deemed prejudicial to the assessee under section 264(7), Explanation (1) of the Act. Consequently, the writ petition was dismissed without costs.
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