Assessee filed the writ petition challenging the assessment order. The assessee also filed an appeal before the CIT(A). First appellate Authority dismissed the appeal. Dismissing the petition. the single judge held that disputed question of fact cannot be adjudicated in writ petition. Remedy open to the assessee is to approach the Tribunal. On appeal division bench of High Court affirmed the order of the single judge. (AY.2017-18)
Sayed Muhammed M. v. CIT (A) (2024) 340 CTR 511 / 237 DTR 540 (Ker)(HC) Editorial : Sayed Muhammed M. v. CIT (A) (2024) 339 CTR 230 / 237 DTR 542 (Ker)(HC), affirmed.
S. 143(3) : Assessment-Alternative remedy-Writ-Disputed question of fact cannot be adjudicated in writ petition-Remedy open to the assessee is to approach the appellate forum-Order of single judge dismissing the writ is affirmed. [S. 250, 154(1) Art. 226]