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    <title>1972 (3) TMI 26 - CALCUTTA High Court</title>
    <link>https://www.taxtmi.com/caselaws?id=39826</link>
    <description>Writ relief under Article 226 was refused because the assessee had an adequate statutory appellate remedy and had already pursued it in part without pressing the old-Act objection. The court held that discretionary writ jurisdiction should ordinarily not be used where an equally efficacious appellate route remains available. It also stated that an assessment is not void merely because it cites the 1961 Act instead of the 1922 Act, so long as the authority had substantive power to make the assessment and the relevant provisions are substantially similar and in pari materia. Any issue about penalty or prosecution under the repealed or new Act was treated as premature.</description>
    <language>en-us</language>
    <pubDate>Thu, 16 Mar 1972 00:00:00 +0530</pubDate>
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      <title>1972 (3) TMI 26 - CALCUTTA High Court</title>
      <link>https://www.taxtmi.com/caselaws?id=39826</link>
      <description>Writ relief under Article 226 was refused because the assessee had an adequate statutory appellate remedy and had already pursued it in part without pressing the old-Act objection. The court held that discretionary writ jurisdiction should ordinarily not be used where an equally efficacious appellate route remains available. It also stated that an assessment is not void merely because it cites the 1961 Act instead of the 1922 Act, so long as the authority had substantive power to make the assessment and the relevant provisions are substantially similar and in pari materia. Any issue about penalty or prosecution under the repealed or new Act was treated as premature.</description>
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      <law>Income Tax</law>
      <pubDate>Thu, 16 Mar 1972 00:00:00 +0530</pubDate>
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