NARINDER JAIN Vs. CENTRAL BOARD OF DIRECT TAXES.

JUDGEMENT

(1.) THIS order shall dispose of Civil Writ Petitions 15278, 15287 and 15411, of 1996, as common questions of law and facts are involved in all these petitions.

(2.) FACTS , as stated below, are taken from CWP 15278 of 1996 :

(3.) IN the written statement filed, respondents have taken a preliminary objection that against the assessment order, Annexure P. 4, petitioner has already filed an appeal and he cannot be allowed to avail of two remedies simultaneously. As the petitioner has already availed of the alternate remedy of appeal, the present petition is not competent. On merits, it has been contended that the Circular No. 737 issued by the Board is the correct interpretation of statutory provisions and the same is binding on the Department.