R.Selvam v. The Deputy Commissioner of Income-tax, Circle 1(1), Salem
|The Deputy Commissioner of Income-tax, Circle 1(1), Salem
|HIGH COURT OF MADRAS
|Date of Order
|mechanical manner • alternative remedy
|In 1 W.P. No.6081 of 2020 Heard Mr.Kumar, learned counsel for the petitioner and Mr.A.P.Srinivas, learned Senior Standing Counsel for the respondent. The petitioner challenges an order of assessment passed under the provisions of the Income Tax Act, 1961 dated 06.12.2019. Admittedly, the petitioner has availed of appellate remedy and the appeal is pending before the first Appellate Authority. The present Writ Petition is not maintainable and the same is closed. Learned counsel for the petitioner points out that a substantial demand has been raised consequent upon the assessment and the assessee is not in a position to remit the same, seeing as the returned income was much lower than the assessed income. The petitioner is granted liberty to approach the Appellate/Administrative Commissioner seeking stay of the demand and such application, if and when filed, will be disposed by the Authority before which it is filed, after hearing the petitioner, in accordance with law. Connected Miscellaneous Petitions are also dismissed.