Balaram Patra v. Income Tax Officer, Ward 2(1), Bbsr

IN THE HIGH COURT OF ORISSA AT CUTTACK

W.P.(C). No.29331 of 2022 Balaram Patra ....

Petitioner Mr. Diganta Das, Advocate -versusIncome Tax Officer & Others ....

Respondents Mr. T.K. Satapathy, Senior Standing Counsel For Income Tax Department

CORAM:

THE CHIEF JUSTICE JUSTICE M. S. RAMAN

ORDER

14.11.2022 01.

1. At the outset, learned counsel for the petitioner states that he Order No.

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