Balaram Patra vs Income Tax Officer & Others
2022 Latest Caselaw 6554 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                              W.P.(C). No.29331 of 2022

             Balaram Patra                             ....            Petitioner
                                                     Mr. Diganta Das, Advocate
                                       -versus-
             Income Tax Officer & Others            ....         Respondents
                               Mr. T.K. Satapathy, Senior Standing Counsel
                                            For Income Tax Department

                        CORAM:
                        THE CHIEF JUSTICE
                        JUSTICE M. S. RAMAN
                                      ORDER

Order No. 14.11.2022

01. 1. At the outset, learned counsel for the petitioner states that he undertakes to withdraw the appeal already filed against the impugned assessment order dated 28th March, 2022.

2. Admittedly, the impugned re-assessment proceedings are unsustainable in law in view of the order dated 24th January, 2022 in W.P.(C) No.20919 of 2021 (M/s. Ambika Iron and Steel Pvt. Ltd. v. Principal Commissioner of Income Tax) as well as the judgment of the Supreme Court in Union of India v. Ashish Agarwal, 444 ITR 1 (SC). Consequently, the impugned notice dated 31st March, 2021 for the assessment year 2013-14 is hereby set-aside and all proceedings consequent thereto including the order impugned herein are hereby set-aside.

3. Accordingly, the writ petition is disposed of.

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman) Judge MRS/AKS