TaxTMI 
TaxTMI 
2021 (1) TMI 414
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....eme (VRS). The appellant filed his return of income for the assessment year 2001-2002 claiming deduction under Section 10 (10C) (viii) of the Income Tax Act as well as under the provisions of Section 89 (1) of the Income Tax Act (as it stood then) r/w Section 17 (3) of that Act. 2. The assessing officer appears to have initiated proceedings on the premise that the appellant was not entitled to claim deduction under Section 10 (10 C) (viii) and also under Section 89 (1) of the Act in respect of amounts received as part of VRS. Though it is stated that intimations under Sections 143(1)/154 were issued to the appellant, they are not on record in this Court. The appellant approached the 2nd respondent under Section 264 of the Income Tax Act ....
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.... of the State Bank of India which was considered by this court in State Bank of India (supra) may be different from the voluntary retirement scheme of the State Bank of Travancore from whose service the appellant took voluntary retirement. On being served with Ext.P6 raising a further demand (issued on 22-03-2013) the appellant preferred W.P (C) No.16955/2013. The learned Single Judge after considering the facts and circumstances of the case held that the remedy open to the appellant was to prefer an appeal before the Commissioner of Income Tax (Appeals) under Section 246A of the Income Tax Act and disposed of the writ petition permitting the appellant to file such an appeal and further ordered that if the appeal is filed within a period of....
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....ttled law that the officer cannot exercise his power of rectification only on the ground that the assessee was entitled to relief in terms of a decision rendered subsequent to the issuance of the original order. He would submit that the appellant had an efficacious alternate remedy of filing an appeal under Section 246A of the Income Tax Act. He would urge that we should not exercise our jurisdiction under Article 226 of the Constitution of India to quash the impugned proceedings when the appellant had an effective alternative remedy. He would however fairly concede that the legal position following the judgment of this Court in State Bank of India is that the for the relevant year, the appellant was entitled to claim deduction under Sectio....
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.... would have sufficient opportunity to raise this question viz. whether the Income Tax Officer had reason to believe that underassessment had resulted from non- disclosure of material facts, before the Income Tax Officer himself in the assessment proceedings and if unsuccessful there before the appellate officer or the Appellate Tribunal or in the High Court under Section 66(2) of the Indian Income Tax Act. The existence of such alternative remedy is not however always a sufficient reason for refusing a party quick relief by a writ or order prohibiting an authority acting without jurisdiction from continuing such action. 28. In the present case the Company contends that the conditions precedent for the assumption of jurisdiction und....