Dismissing the appeal the Court held that instead of filing a statutory appeal as provided under section 246A the assessee had directly invoked the writ jurisdiction under article 226 against the penalty proceedings on the basis of the assessment order being made final without availing of the alternative efficacious remedy as provided under the Act. The assessee was relegated to statutory remedy of appeal under the Act. (AY 2016-17)
Nikeshkumar Bhupendrabhai Shah v. UOI (2021) 433 ITR 7 (Guj.)(HC)
S. 271(1)(c) : Penalty-Concealment-Alternative remedy-Writ will not lie. [S. 68, 144, 246A, Art. 226]