JUDGMENT

Mr. Sanjeev Prakash Sharma, J. (Oral)

Learned counsel for the petitioner vehemently argued in terms of the judgments passed by the Hon'ble Supreme Court in case Calcutta Discount Co. Ltd. v. Income Tax Officer, Companies District I, Calcutta and another (Civil Appeal No. 197 of 1954, date of decision 01.11.1960), to submit that the High Court can investigate existence of one of the conditions for exercise of jurisdiction under Section 34 of the Income Tax Act, 1961 (for short "the Act of 1961"), whereas learned counsel appearing on behalf of the respondents has invited attention to the judgment passed by the Hon'ble Apex Court in The State of Maharashtra and others v. Greatship (India) Limited 2022(13) Scale 770 as well as The State of Madhya Pradesh and another v. M/s Commercial Engineers and Body Building Company Limited 2022(14) Scale 920, to submit that availability of alternate statutory remedy would be a sufficient ground of judicial prudence to refrain from exercising jurisdiction under the constitutional provisions.

2. Learned counsel for the petitioner submits that the Assessing Officer (AO) has failed to give sufficient time to the petitioner while issuing notice u