https://www.taxtmi.com/caselaws?id=795847 Writ jurisdiction may be exercised despite an available statutory appeal where a penalty order is passed after the appellate Tribunal has set aside the underlying assessment and fee-for-technical-services adjustment, making the exercise of power arbitrary. A penalty for misreporting of income cannot survive once the binding appellate order extinguishes the assessment addition on which it rests. The Assessing Officer must give effect to the appellate determination and should not finalise penalty proceedings while the relevant appellate proceedings remain pending; the consequential penalty and demand must be dropped. en-us Thu, 23 Jul 2026 00:00:00 +0530 Tue, 28 Jul 2026 08:30:44 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=795847 Writ jurisdiction may be exercised despite an available statutory appeal where a penalty order is passed after the appellate Tribunal has set aside the underlying assessment and fee-for-technical-services adjustment, making the exercise of power arbitrary. A penalty for misreporting of income cannot survive once the binding appellate order extinguishes the assessment addition on which it rests. The Assessing Officer must give effect to the appellate determination and should not finalise penalty proceedings while the relevant appellate proceedings remain pending; the consequential penalty and demand must be dropped. Case-Laws Income Tax Thu, 23 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=795847