Wa/684/2018 Of Mr. M.r. Nithin v. Income Tax Officer

IN THE HIGH COURT OF KARNATAKA AT BENGALURU ON THE 14 DAY OF OCTOBER, 2019. BEFORE. THE HON'BLE MR. JUSTICE RAVI MALIMATH AND THE HON’BLE MR. JUSTICE ASHOK S. KINAGI %WRIT APPEAL NO.684 OF 2018 (TIT) BEI|WEEN MR. MR. NITHIN|L/R LATE MR. M.S. RAMANANDA|SON OF LATE MR. M.S. RAMANANDAAGED ABOUT 28 YEARS.RESIDING AT: M/S. BASAVESHWARA RICE MILL|G.R. HALLY, CHITRADURGA-577 502. .. APPELLAWN (BY SRI: HARISH V.S., ADVOCATE) AND INCOME TAX OFFICER|WARD 2, TAMATKAL ROADMEDEHALLICHITRADURGA-5/7/7 502 (BY SRI: DILIP, ADVOCATE FOR-SRI: K.V. ARAVIND, ADVOCATE) | . RESPONDENT THIS WRIT APPEAL IS FILED UNDER SECTION 4 OFTHE KARNATAKA HIGH COURT ACT PRAYING TO SET.ASIDE THE ORDER OF THE LEARNED SINGLE JUDGE.DATED 28.08.7017 IN WRIT PETITION NO.4526 OF ZOL1/(I-IT) AND ALLOW THE WRIT PETITION. OK OOK THIS WRIT APPEAL COMING ON FOR ADMISSION|THIS DAY,RAVI.MALIMATHJ,DELIVEREDTHE|FOLLOWING: JUDGMENT Aggrieved by the order dated 28.08.2017 passed in|Writ Petition No.4526 of 2017 by the learned Single Judge, in dismissing the writ petition on the ground of availabilityof an alternative and efficacious remedy under Section 246)of the Income Tax Act before the Commissioner of IncomeTax (Appeals), the petitioner therein has filed this appeal. 2).The learned Counsel for the appellant contends.that the learned Single Judge has not assigned any,reasons while disposing off the petition and therefore,even though there is an alternative and efficacious)remeay, the same cannot be a bar to entertain the writ)petition. ‘3.On hearing learned Counsels, we do not findany merit to entertain this appeal. The availability of an)alternative and efficacious remedy is not in dispute. Thecontention urged by the appellant can very well constitute|grounds for appeal. We find no grounds as to why thepetitioner cannot avail the alternative and efficacious|remedy available to him. 4Under these circumstances, we do not find any.grounds to entertain the appeal. Tne appeal is dismissed. 4Under these circumstances, we do not find any. As requested, eignt weeks time is granted to theappellant from today to enable him to file an appeal. Sd/- JUDGE bgn/-| Sd/-. JUDGE |