M/S. F. Serajuddin Exports (P) Ltd vs Assistant Commissioner Of Income
2023 Latest Caselaw 316 Ori

                   IN THE HIGH COURT OF ORISSA AT CUTTACK
                                        ITA No.91 of 2022

             M/s. F. Serajuddin Exports (P) Ltd.      ....              Appellant
                                              Mr. Sidhartha Ray, Sr. Advocate
                                         -versus-
             Assistant Commissioner of Income ....                    Respondent
             Tax, Circle-1(2), Bhubaneswar
                              Mr. Tushar Kanti Satapathy, Sr. Standing Counsel
                                                                for Income Tax

                       CORAM:
                       THE CHIEF JUSTICE
                       JUSTICE M. S. RAMAN

                                        ORDER

09.01.2023 Order No.

02. 1. Office report is perused. The words "writ petition" which were inadvertently typed in paragraph 6 of the order dated 21st November, 2022 be read as "appeal". The remaining part of the order dated 21st November, 2022 shall remain unaltered.

2. Admit.

3. The following questions are framed for consideration:

"(A) Whether in absence of any incriminating materials the Assessing Officer can assume jurisdiction to complete the assessment u/s 153A of the Income Tax Act? Further, without following the procedure in Section 153 C of the Act, reliance could be placed on the materials seized during search?

(B) Whether a best judgment assessment can be framed in absence of any show cause as is required under the First proviso to Section 144 of the Income Tax Act? (C) Whether in the particular facts and circumstances of the case, the Income Tax Appellate Tribunal was justified in disallowing the expenditure u/s 69A and 69C of the income Tax Act?"

4. List the appeal for final hearing on 5th July, 2023.

(Dr. S. Muralidhar) Chief Justice

(M. S. Raman) Judge MRS/Laxmikant