High CourtsDivision Bench(2023) 07 DEL CK 0300

Mohinderjit Singh Kochhar vs Union Of India & Ors

Delhi High Court · Decided on 27 July 2023

HON’BLE JUDGES
Rajiv Shakdher, J · Girish Kathpalia, J
RESULT
Disposed Of
CASE NUMBER
Civil Writ Petition No. 9843 Of 2023

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Judgment

13 paragraphs · 176 words

Rajiv Shakdher, J

CM No. 37847/2023

1.

Allowed, subject to just exceptions.

W.P.(C) 9843/2023 & CM No.37846/2023 [Application filed on behalf of the petitioner seeking interim relief].

2.

The petitioner, inter alia, seeks to lay a challenge to the assessment order dated 22.05.2023.

3.

The record shows that the petitioner had approached this Court by way of a writ action (i.e., W.P (C) 7047/2023) on an earlier occasion, i.e., before the assessment order was passed.

4.

This writ petition was dismissed as withdrawn, on 23.05.2023.

5.

We are told that the writ petitioner has already preferred an appeal with Commissioner of Income Tax (Appeals), against the assessment order dated 22.05.2023.

6.

The petitioner cannot, for more than one reason, sustain this writ petition.

6.

1 Firstly, the earlier writ petition was dismissed as withdrawn.

6.

2 Secondly petitioner has already taken recourse to an alternate remedy.

7.

The writ petition is, accordingly, closed.

8.

The order passed today, however, will not come in the way of the petitioner pursuing his statutory appeal, albeit as per law.