LAWS(KER)-1999-2-8

MALAYIL BANKERS Vs. ASSISTANT COMMISSIONER OF INCOME TAX

Decided On February 18, 1999
MALAYIL BANKERS Appellant
V/S
ASSISTANT COMMISSIONER OF INCOME TAX AND ANR. Respondents

JUDGEMENT

(1.) PETITIONER is a firm carrying on the business of money-lending. This Original Petition is preferred seeking to quash Exts. P4 and P5 assessment orders and the notices of demand. Petitioner had also prayed for a direction to issue the statutory notice under S. 142(3) of the IT Act.

(2.) THIS Original Petition cannot be maintained since the petitioner has an effective statutory remedy of appeal against the assessment orders. That apart, petitioner earlier filed O.P. 3966/98 challenging the very order of assessment for the years 1995-96 and 1996-97 on the ground that the assessment period is included in the block assessment and, therefore, there cannot be a separate independent assessment. He had also filed O.P. 20252/98 against the levy of penalty. By a common judgment dt. 6th Jan., 1999 [reported as Malayil Bankers vs. Asstt. CIT (1999) 152 CTR (Ker) 443], these Original Petitions were dismissed. In the above circumstances, the petitioner ought to have raised the only legal contention now raised, namely, violation of principles of natural justice even at that time. Hence, the Original Petition is liable to be dismissed on the principles of res judicata.