Wp(C)/1880/2016 Of Subash Chandra Sutar v. Asst Commissioner Of Income Tax,Cuttack

W.P.(C) No.1880 of 2016 29.03.2016 Heard Mr. B. Panda, learned Senior Counsel for the petitioner and Mr. S.K. Acharya, learned Senior Standing Counsel for the Income Tax Department. Challenge has been made in this writ petition to an order dated 07.03.2014 passed by the Commissioner of Income Tax (Appeals), Berhampur in I.T. Appeal No.0250/12-13 under Annexure-2 for the assessment of year 2010-11. Admittedly, the said order can be challenged by the before the Tribunal. Hence, we are not inclined to entertain the writ petition since an alternative remedy by way of filing the appeal is available to the petitioner. Accordingly, we direct that If such an appeal is filed within a period of four weeks from today along with an application for condonation of delay, the delay shall be considered liberally in view of the pendency of the writ petition before this Court and the appeal shall be heard and disposed of on its own merits. With the aforesaid observations and directions, the writ petition is disposed of. A free copy of this order be handed over to the learned Senior Standing Counsel for the Income Tax Department. Urgent certified copy of this order be granted on proper application. . I. Mahanty, J. Dr. D.P. Choudhury, J.