M/S Goenka Diamond & Jewels Ltd v. Dy. Commnr Income Tax Jaipur

CW 670/11 In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.670/2011 M/s Goenka Diamond & Jewels Ltd Versus Dy. Commnr Income Tax Jaipur. Date of Order ::: 21/01/2011 Hon'ble Mr. Justice Ajay Rastogi Mr. Gunjan Pathak, for petitioner Instant petition has been filedassailing the order dt.24/12/2010 (Ann.11) ofassessment passed by assessing authority forthe year 2008-09. It has been informed to this Courtthat appeal provide U/s 246A of the Income TaxAct has been filed by petitioner against orderof assessment (Ann.11) impugned herein on10/01/2011. Counsel has tried to persuade theCourt that the S.10-AA of IT Act has not beenproperly appreciated by assessing authorityand that being so the finding impugned iserroneous inasmuch as the assessing authorityhas not taken note of assessment of precedingyears while passing the order of assessmentimpugned. According to the Counsel, in thefacts of the case, very asessment impugned iswithout jurisdiction. The submission made at this stage isif no substance for the reason that the plearegarding interpretation of S.10AA of IT Acthaving been taken note of by assessingauthority even if it is erroneous, as alleged, CW 670/11 //2// can be assailed and adjudged by appellateauthority and indisputably an appeal has beenpreferred by the petitioner where allsubmissions regarding interpretation ofprovisions of IT Act has certainly to be takennote of and examined by the appellateauthority before whom, the matter issubjudice. Any opinion if expressed by thisCourt may cause prejudice to either of theparties. In view of the effective alternativeremedy of appeal being available to thepetitioner, this Court is not inclined toexercise extra ordinary jurisdiction U/Art.226of the Constitution. Consequently, writ petition fails andis hereby dismissed. (Ajay Rastogi), J. K.Khatri/p2/670CW2011Jan21-ITDsRmdy.doc