2023 (2) TMI 1400 - HC - Income Tax

Reopening of assessment u/s 147 - notice issued to the Petitioner-Assessees u/s 148-A(1)(b) - challenge to order passed u/s 148A(d) at an intermediate stage - scope of extended time limit by TOLA 2021 - scope to Entertain the present writ petition - HELD THAT - In view of the order passed by this Court in Kailash Kedia v. Income Tax Officer 2022 (12) TMI 188 - ORISSA HIGH COURT was a lead matter and the subsequent order passed in Shiv Mettalicks Pvt. Ltd. Rourkela 2023 (5) TMI 366 - ORISSA HIGH COURT the Court declines to entertain the present writ petition but leaves it open to the Petitioner to raise all grounds available to the Petitioner in accordance with law including the grounds urged in the present petition at the appropriate stage as explained by the Court in those orders.

Summary

The Orissa High Court, through Chief Justice Dr. S. Muralidhar and Justice M.S. Raman, declined to entertain the present writ petition, referencing prior rulings in W.P.(C) No. 9191 of 2022 (Kailash Kedia v. Income Tax Officer) and W.P.(C) No. 36314 of 2022 (Shiv Mettalicks Pvt. Ltd. v. Principal Commissioner of Income Tax). The Court held that the petitioner may "raise all grounds available... in accordance with law including the grounds urged in the present petition at the appropriate stage," thus emphasizing procedural propriety and adherence to established legal processes. The petition was disposed of accordingly.