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2002 (9) TMI 95 - HC - Income TaxIn my view, this is one of the exceptional cases where this court should exercise its power under article 226 of the Constitution of India for quashing the said notice as I am of the opinion that on the face of the recorded reasons palpably the initiation of the proceedings are wholly unwarranted and the reasons recorded do not satisfy the requirements of the law to invoke the jurisdiction of the Assessing Officer under section 147. The entire course Of reassessment proceedings will be an exercise in futility. It has been observed by the apex court in Calcutta Discount Co. Ltd.'s case, that the High Courts have ample powers under article 226 of the Constitution of India, and are in duty bound thereunder, to issue such appropriate orders or directions as are necessary in order to prevent persons from being subjected to lengthy proceedings and unnecessary harassment by an executive authority acting without jurisdiction. The alternative remedies that are provided by the Income-tax Act, 1961, cannot always be a sufficient reason for refusing quick relief in a fit and proper case.
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