2004 (1) TMI 35

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....n behalf of the appellants as it appears from the title of the special appeals. As per the title, Sarvashri J. K. Ranka, Sanjeev Kumar Singhal, R. K. Yadav, Sunil Jain, Naresh Kumar Gupta and Vijay Choudhary are the advocates for the appellant and where Shri N. M. Ranka, senior advocate, is not available, either of these advocates should have come prepared to make submissions or the appellant should have made alternative arrangements for argument of the matters. Accordingly, this request made for adjournment of the matters is declined. Since all the matters are similar for the decision of these special appeals, which arise out of the common judgment of the learned single judge, the facts are taken from D. B. Special Appeal (Writ) No. 138....

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....e Assessing Officer. We are satisfied that the appellant has got a statutory remedy against the reassessment proceedings initiated against it; filed objections against reopening notice under section 148 of the Act, 1961, and the appellant has already filed its representation which is pending for consideration; secondly, the appellant has got right of appeal before the Commissioner of Income-tax (Appeals), thereafter before the Income-tax Appellate Tribunal and thereafter before this court, if it is aggrieved by the judgment/order under sections 250, 252 and 260 of the Act, 1961. In fact, the appellant is making all attempts not to permit the assessing authority to proceed in the matter. By filing the writ petitions it has attempted to....

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....n of India. The jurisdiction under article 226 of the Constitution of India, which is an extraordinary and equitable one, is permissible to be exercised against show-cause notice under exceptional circumstances and not as a matter of rule or right. The grounds raised to challenge the validity of this show-cause notice are available to place for consideration by the appellant before the Assessing Officer and thereafter in case the decision goes against it thereon, ample statutory right of appeal is available to it. We are concerned in this matter with the entertainment of the writ petitions against show-cause notice issued by a statutory authority. It is not gainsaid that the authority who issued the same was a competent one. The appellan....