9911796707
TMI Blog2025 (3) TMI 878X X X X Extracts X X X X X X X X Extracts X X X X ..... ty, Sr. Standing Counsel Mr. Avinash Kedia, Jr. Standing Counsel For Respondent : Mr. Jagabandhu Sahoo, Sr. Advocate Mrs. Kajal Sahoo, Advocate ARINDAM SINHA, ACJ. 1. Mr. Mohanty, learned advocate, Senior Standing Counsel appears on behalf of revenue. He submits, the appeal be admitted on substantial questions of law suggested in the memo arisen from order dated 2nd May, 2022 passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n (1) under section 37 (1). 3. Mr. Sahoo, learned senior advocate appears on behalf of respondent-assessee and points out from paragraph 11 of impugned order that the Tribunal found on facts. The appellate authority had examined Form H-1 submitted to Indian Bureau of Mines in regard to production of iron ore to find that very same figure had been reported by the assessee in its audit report in Fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... notification dated 27th January, 1994 and amendments therein for environmental clearance is considered as illegal. Action should be initiated to recover value equivalent to market value. The assessee when show caused, came up with its explanation that Central Empowered Committee (CEC) in page 29 of its report observed as is reproduced below. "However, the mineral produced without environmental ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... evenue will be able to apply explanation (1) under section 37 (1) if, in future, the activity is declared to be illegal, penalty imposed and claimed by assessee as an expenditure in its relevant return. Presently, there is nothing to show the activity stood declared as illegal for the explanation to be invoked. 7. No substantial question of law arises from impugned order of the Tribunal. Material ..... X X X X Extracts X X X X X X X X Extracts X X X X
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