Wp/19511/2019 Of Abdul Khadar Jeelani Shaik v. The Income Tax Officer

THE HON’BLE SRI JUSTICE RAKESH KUMAR AND THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.19511 of 2019 ORDER:(Per Hon’ble Sri Justice Rakesh Kumar) Heard Sri G. Narendra Chetty, learned counsel for the petitioner and learned senior standing counsel for Income Tax, appearing for respondent No.1. 2. The petitioner has invoked the extraordinary writ jurisdiction of this Court under Article 226 of the Constitution of India against the impugned assessment order, dated 31.10.2019 even though he is having time for availing statutory remedy. Number of grounds have been taken for assailing assessment. However, primarily we are of the opinion that if an order is passed and there is a statutory remedy and time is also there, we may put self restrain from interfering into the matter. Therefore, we do not find any ground in allowing the writ petition. The petitioner may avail appropriate remedy. 3. It is made clear that the period exhausted in pursuing the writ petition shall be excluded while considering the limitation in filing the appeal. 4. Accordingly, the writ petition is dismissed. There shall be no order as to costs. As a sequel, the miscellaneous petitions, if any pending, shall stand closed. _____________________ JUSTICE RAKESH KUMAR 04[th] December, 2019 ___________________________ JUSTICEM. SEETHARAMA MURTI ikn THE HON’BLE SRI JUSTICE RAKESH KUMAR AND THE HON’BLE SRI JUSTICE M. SEETHARAMA MURTI WRIT PETITION No.19511 of 2019 (Order of the Bench dictated by the Honourable Sri Justice Rakesh Kumar)