Section 2(22)(d), 115O and 246A of the Income tax Act, 1961 read with article 226 of the Constitution of India—Writ—Appeal was maintainable against AOs order holding that the transactions made in pursuant to the buy back arrangement affected as consequence to approval of the scheme under section 391 to 393 of the Companies Act requires to be taxed under section 115O on the premise that it would constitute dividend and not Capital gain ; writ petition of the assessee rightly dismissed by Single Judge on the ground of alternate remedy of appeal; how, Single Judge was not right in going to the merits while granting liberty to file an appeal—Cognizant Technology Solutions India P.Ltd. vs. Deputy Commissioner of income tax [2019] 310 CTR (Madras) 515