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Commissioner Of Income Tax & Ors vs Chhabil Dass Agarwal on 8 August, 2013

33. Apart from the above perspective, the Act of 2015 provides complete machinery for the person aggrieved of any action taken by the Assessing Officer and the said person could not be permitted to abandon that machinery and to invoke the jurisdiction of the High Court under Article 226 of the Constitution when he had the adequate remedy open to him by way of an appeal to the Commissioner of Appeals. The remedy under the statute, however, must be effective and not a mere formality with no substantial relief. In the present case, neither have the Petitioners described the available Page 44 of 46 WP(C) No. 802/2021 Along with connected Matters alternate remedy under the Act of 2015 as ineffectual and non-efficacious while invoking the Writ jurisdiction of this Court nor have they ascribed cogent and satisfactory reasons before the Court so as to enable it to exercise jurisdiction under Article 226 of the Constitution in tune with the facts and circumstances of the case. All the contentions of the Petitioners, as raised in these Petitions, including the issue of jurisdiction, applicability or otherwise of the act, can very conveniently be dealt with by the Appellate Authority in tune with the mandate of Sections 15 and 17 of the Act of 2015. Reference, in this behalf, can be had to the law laid down by the Hon'ble Apex Court in case titled 'Commissioner of Income Tax & Ors. v. Chhabil Dass Agarwal' reported as '(2014) 1 SCC 603', as cited by the learned Counsel representing the Respondent Nos. 2 and 3.
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