2023 (2) TMI 1401 - HC - Income Tax

Tax Challenge Dismissed: Procedural Door Remains Open for Future Legal Arguments Under Existing Precedent

HC dismissed the writ petition, referencing prior rulings in tax-related cases. While declining to entertain the current petition, the Court explicitly ... Reopening of assessment u/s 147 - notice issued to the Petitioner-Assessees u/s 148-A(1)(b) - scope of extended time limit by TOLA, 2021 - HELD THAT:- In view of the order passed by this Court on Kailash Kedia [2022 (12) TMI 188 - ORISSA HIGH COURT] was a lead matter and the subsequent order 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. The Orissa High Court, through an order by the Chief Justice and Justice M.S. Raman, recorded the appearance of Senior Standing Counsel Mr. S. S. Mohapatra for the Revenue Department. Citing prior rulings-specifically the order dated 1st December 2022 in W.P.(C) No.9191/2022 (Kailash Kedia v. Income Tax Officer) and the subsequent order dated 10th January 2023 in W.P.(C) No.36314/2022 (Shiv Mettalicks Pvt. Ltd. v. Principal Commissioner of Income Tax)-the Court declined to entertain the present writ petition. However, the Court explicitly 'leaves it open to the Petitioner to raise all grounds available... including the grounds urged in the present petition at the appropriate stage as explained by the Court in those orders.' The writ petition was disposed of accordingly.