2024 (1) TMI 1430

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....pondent: Mr Malwin i/by Mr Ravi Ratlesar. P.C.:- 1. Heard learned counsel for the parties. 2. The challenge in this petition is to the assessment order, notice of demand and penalty notice dated 18 March 2024. 3. The demand notice and penalty notice are consequence of the assessment order dated 18 March 2024. 4. As against the assessment order dated 18 March 2024, the petitioner has....

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.... Act. 8. We have perused the show cause notice dated 14 February 2024. This show cause notice had specifically required the petitioner to show cause regarding the addition of amount of approximately Rs.8.41 crores under Section 68 of the IT Act. Therefore, prima facie, this is not some case of gross violation of natural justice. 9. The learned counsel for the petitioner however submits that ....

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....le of exhaustion of alternate remedies is not to be lightly deviated from. In the situation, where violation of natural justice is pleaded and established, no doubt, this rule is relaxed. However, where detailed investigation is necessary to determine whether there was violation of natural justice, parties cannot avoid statutorily provided alternate remedy and rush to this Court. 12. The law wi....

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....cause, in this case, there is no such requirement as admitted by learned counsel for the petitioner. 14. Accordingly, we decline to entertain this petition. However, we leave it open to the petitioner to appeal the impugned assessment order in accordance with law. The impugned order was made on 18 March 2024. This petition was instituted on 14 June 2024. The matter was pending in this Court. Th....