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considering the fact that the factual dispute has been agitated, is of the view that when alternative remedy of appeal is available under the statute, it would not be appropriate and proper for this Court to exercise extraordinary jurisdiction conferred to this Court. In the result, both the writ petitions stand dismissed, however, with the liberty to the petitioners to avail the statutory remedy of appeal.

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Sec. 147 of Income Tax Act, 1961 - Re-assessment - Assessees filed writ petitions against notices issued under Section 148 of the IT Tax Act, 1961 and also the assessment order under issued section 143(3)/147 of the Act, 1961. The revenue raised the objection of maintainability on the ground of availability of alternative remedy of appeal. High Court dismissed the writ petition holding that ”when alternative remedy of appeal is available under the statute, it would not be appropriate and proper for the Court to exercise extraordinary jurisdiction conferred to the Court. The writ petitions stand dismissed, however, with the liberty to the petitioners to avail the statutory remedy of appeal“. - KASAUTII V/s CIT - [2020] 274 TAXMAN 049 (JHARKHAND)

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