TaxTMI 
TaxTMI 
2018 (2) TMI 1291
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....ions). The impugned order dated 31st December 2017 is an Assessment Order passed under Section 143 (3) of the Income Tax Act, 1961 ("the Act") disposing the assessment for Assessment Year 2015-16. 2. The very outset, we asked Mr. Ganesh, the learned Senior counsel appearing for the Petitioner as to why should we exercise our extra ordinary jurisdiction as an efficacious alternative remedy, by way of an appeal under Section 246(A) of the Act to the Commissioner of Income Tax (Appeal) (CIT(A)) is available. 3. In response, Mr. Ganesh, the learned senior counsel invited our attention to the impugned order dated 31 December 2017. wherein the anonymous donations received by the Petitioner in 'dakshina boxes' are held to be taxable unde....
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....y contrary to the binding decision of the Tribunal and the circular of CBDT and secondly as it gives rise to a pure question of law i.e. interpretation. In the above circumstances, it is submitted that this Court should exercise its extra ordinary jurisdiction and entertain the Petition. In support of the above two submissions the Petitioner relied upon the decision of the Apex Court in the case of AIRCEL Ltd. & Anr. Vs. The Commercial Tax Officer & Anr. Writ Petition (Civil) No. 1055 of 2013 decided on 22nd April 2016 and the decision of this Court in the case of Bank of Baroda Vs. H.C. Srivastava 256 ITR P. 385. 4. Mr. Mohanty, the learned counsel for the Revenue submits that an alternative remedy is available under the Act. Further he s....
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.... there is no reason why it cannot be set right in the appeal under Section 246A by the CIT(A). It is an error, if at all within jurisdiction and not an exercise of power outside jurisdiction. 7. The remedy they seek here can be effectively obtained from the Appellate Authority under the Act. Even if we accept the Petitioners contention is correct that the impugned order is contrary to the binding decisions of the Mumbai Bench of the Tribunal and the circular of the CBDT, then the CIT(A) would on examination of the case certainly set it aside. The Petitioner could also approach the CIT(A) for a stay of the impugned order if the same is contrary to binding decisions of the Tribunal. So far the apprehension of recovery proceedings being comme....
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....t Court should have entertained the Petition. Therefore, in the facts of that case, the Apex Court set aside the order of the High Court and restored the matter to the High Court to decide the issue on merits. In the present facts, we find that even according to the Petitioner the issue stand concluded by virtue of the Tribunal orders. We see no reason why the CIT(A) would not set aside the order of the Assessing Officer, if the same is contrary to the binding decisions of the Tribunal. Therefore, to our mind, the facts arising in the present case are different from the facts which arose before the Apex Court in AIRCEL (Supra). The CIT(A) would be as much bound by the orders of the Tribunal in Gurudev Siddha Peeth (Supra), as every Income T....