2009 (12) TMI 228

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.... List of dated in chronological order is hereunder.  This writ is directed against order dated 24.02.06 of the Income Tax Appellate Tribunal passed in the appeal dismissing the rectification application of the petitioner. 1989 The Petitioner has filed the appeal before Income Tax  Appellate Tribunal mainly on following points: 1. Claim for damages by the customer - Rs.14,04,483 2. Payment made to Mr. Sunil Kumar - Rs.2,00,000 3.  Expenses estimated to have been incurred - Rs.80,000 4. Foreign Travel of Sh. Pawan Goel - Rs.17,122 5. Disallowance of Rs.16,088/- u/s 40A (3) 6. Interest u/s 217 be consequently reduced  17-9-1990 The Appeal was partly allowed by allowing claim of Rs.80,000 only i....

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....e Tax Appellate Tribunal dated 17th September, 1990 and the two rectification orders dated 24th February, 2006 and 15th September, 2006 passed by the said Tribunal in the rectification applications filed on behalf of the Petitioner.  4.   From the submissions of the counsel appearing on behalf of the Petitioner, it is noticed that the questions sought to be raised under Articles 265 and 300A of the Constitution of India, relate to the right of the Petitioner to be taxed on net income and not on the gross income, as has purportedly been done by the tax authorities below including the Tribunal, according to the Petitioner.   5. In taxing matters the Hon'ble Supreme Court has taken a view that High Court should n....

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....ioner of Income Tax (Appeals) in respect of the assessment year 1988-89.  The impugned order is evidently appealable under Section 260A of the Income Tax Act, 1961.  Consequently, an action lies under the Income Tax Act, 1961.  Therefore, in our view where a statute creates a right or liability and also prescribes the remedy or procedure for the enforcement of that right or liability, resort must be had to the said statutory remedy rather than invoking the extraordinary and prerogative writ jurisdiction of this Court under Article 226 of the Constitution of India.  This principle is applied with greater force to matters arising out of the taxing statute.   7. In Titaghur Dhar Paper Mills Company Limited vs. ....