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    <title>2024 (5) TMI 444 - ORISSA HIGH COURT</title>
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    <description>The HC set aside and quashed the Tribunal&#039;s rectification order under section 254. The Tribunal had erroneously rejected the assessee&#039;s claim for transportation loss of coal, stating the loss should have been claimed from the transporter without evidence. The HC found the Commissioner had correctly accepted the loss based on proper internal control systems and accounting details. The Tribunal&#039;s finding that the Commissioner failed to observe whether shortage was passed to transporters was deemed an error apparent, as it made factual determinations based on surmise rather than evidence. The HC ruled the Tribunal exceeded its jurisdiction in making unsupported factual findings.</description>
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    <pubDate>Wed, 30 Aug 2023 00:00:00 +0530</pubDate>
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      <title>2024 (5) TMI 444 - ORISSA HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=752391</link>
      <description>The HC set aside and quashed the Tribunal&#039;s rectification order under section 254. The Tribunal had erroneously rejected the assessee&#039;s claim for transportation loss of coal, stating the loss should have been claimed from the transporter without evidence. The HC found the Commissioner had correctly accepted the loss based on proper internal control systems and accounting details. The Tribunal&#039;s finding that the Commissioner failed to observe whether shortage was passed to transporters was deemed an error apparent, as it made factual determinations based on surmise rather than evidence. The HC ruled the Tribunal exceeded its jurisdiction in making unsupported factual findings.</description>
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      <pubDate>Wed, 30 Aug 2023 00:00:00 +0530</pubDate>
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