2014 (2) TMI 519

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....respondent dated 18.02.2013 under Section 263 of the Income Tax Act. The appellant challenged the show cause notice by contending that the show cause notice does not indicate the expression "erroneous" and as such very proceedings is liable to be quashed. Further, the learned counsel placed certain factual details to canvass his case that the appellant was in possession of the property for more than three years and as such he is entitled for long term capital gain. 3. The Revenue filed counter affidavit and raised a preliminary objection that the writ petition is not maintainable as against the show cause notice; that apart, the factual averments made by the petitioner were also denied. 4. The learned Single Judge after considering th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... to pass orders. Further the learned Single Judge relied on the decision of the Honourable Supreme Court in the case of C.I.T., Gujarat Vs. Vijaybhai N.Chandrani reported in (2013) 9 Scale 624, wherein the Honourable Supreme Court held that assessee has invoked the writ jurisdiction of the High Court without exhausting the alternate remedies provided under the Act; at this stage, the High Court ought not to have entertained the writ petition and instead should have directed the assessee to file reply to the said notices and upon receipt of a decision from the Assessing Authority, if for any reason, it is aggrieved by the said decision, to question the same before the forum provided under the Act. 5. Mr.R.Sivaraman, learned counsel appear....