PRINCIPAL COMNR. OF INCOME TAX, SAMBALPUR RANGE vs. M/S. TATA SPONGE IRON LTD.

Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE SANJAY KUMAR MISHRA

JUSTICE RAVINDER DUDEJA J U D G M E N T Table of Contents I. Background ................................................................................... 13 II. The power of reassessment: a brief overview ............................ 33 III. The submissions addressed ...................................................... 46 IV. Evaluation of the Court ............................................................ 82 A. Declared values and the power of reappraisal ....................... 82 B. Exploring the concepts of abandonment and waiver .......... 104 C. Rejection of declared values

BISWAJIT BEHERA vs. INCOME TAX OFFICER, WARD-4(2), BBSR

Bench: MR. JUSTICE ARINDAM SINHA,MR. JUSTICE SANJAY KUMAR MISHRA

natural justice. IV. Whether on the facts and circumstances of the case and in law, the Hon'ble ITAT is correct in holding that where investment of share application money was accepted in the hands of investors then not accepting in investee's case is non-application of mind by This is a digitally signed order. The authenticity

PRINCIPAL COMNR. OF INCOME TAX, SAMBALPUR vs. M/S. BOUDH CO-OPERATIVE CENTRAL BANK LTD.

In the result, the appeal (APO/2/2023) is allowed and

Bench: : The Hon’Ble Acting Chief Justice T.S. Sivagnanam & The Hon’Ble Justice Hiranmay Bhattacharyya Date : 5Th April, 2023 Appearance : Mr. Pranit Bag Adv. Mr. Anujit Mookherji, Adv. ...For The Appellant Ms. Smita Das De, Adv. ...For The Respondent. The Court : This Intra-Court Appeal By The Writ Petitioner Is Directed Against The Order Dated 28Th November, 2022 In Wpo/2571/2022. The Appellant Had Filed The Writ Petition Challenging An Order Passed Under Section 148A(D) Of The Income Tax Act, 1961 (The ‘Act’) & The Consequential Notice Issued Under Section 148 Of The Act. The Learned Single Bench Dismissed The Writ Petition On The Ground That The Order Has Not Been Passed By An

natural justice. Further, the learned writ Court observed that the order impugned in the writ petition passed under Section 148A(d) of the Act is neither a final assessment nor a demand. Therefore, the assessee can raised all points during the re- assessment proceedings. We have to test the correctness of the reasons assigned by the learned Single Bench

PRINCIPAL COMMNR. OF INCOME TAX, SAMBALPUR vs. BINAY KUMAR JINDAL, HUF

Accordingly, this appeal fails and is dismissed

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

natural justice. Prior thereto, the appellants had also filed an objection to the proposed enhanced annual valuation of the said premises. The written objection was a cryptic one and reads as follows:- “Sub: Objection against Annual Valuation fixed by the KMC with effect from 3/2001-02, 2/2007-08, 4/2008-09 and 2/2013-14 relating to the premises 144A, Rash Behari Avenue, Kolkata: 700029, ASSESSEE

PRINCIPAL COMMISSIONER OF INCOME TAX,BHUBANESWAR vs. INDUSTRIAL DEVELOPMENT CORPORATION OF ORISSA LTD.

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

natural justice by the said Authority. The Assessing Authority undoubtedly has of course given adequate and reasonable opportunity of hearing to the Assessee and all objections on merits were considered by him. Merely because, Section 153D of the Act requires a prior approval of the Draft Assessment Order by the higher Authority, namely, the Joint Commissioner in the present case

COMMISSIONER OF INCOME TAX (EXEMPTIONS) vs. M/S. ROLAND EDUCATIONAL AND CHARITABLE TRUST

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 28.02.2025 1. The Principal Commissioner of Income Tax1 seeks to impugn the order of the Income Tax Appellate Tribunal2 dated 07 November 2019. We had, after hearing learned counsels for the respective parties, admitted this appeal by our order dated 30 January 2024 on the following questions of law:- “(a) Whether

PRINCIPAL COMMISSIONER OF INCOME TAX 1 vs. PARBATI MOHAPATRA

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE MURAHARI SRI RAMAN

JUSTICE HARISH VAIDYANATHAN SHANKAR O R D E R % 28.02.2025 1. The Principal Commissioner of Income Tax1 seeks to impugn the order of the Income Tax Appellate Tribunal2 dated 07 November 2019. We had, after hearing learned counsels for the respective parties, admitted this appeal by our order dated 30 January 2024 on the following questions of law:- “(a) Whether

BARUNEI ROLLER FLOUR MILL (P) LTD. vs. COMMISSIONER OF INCOME TAX (APPEALS) 1

In the result, the award of the maximum uniform rate for the

Bench: DR. JUSTICE B.R.SARANGI (ACJ),MR. JUSTICE MURAHARI SRI RAMAN

Justice H. S. Thangkhiew, Judge Appearance: In FA No. 1 of 2022 For the Petitioner/Appellant(s) : Mr. S. Sen, GA with Ms. R. Colney, GA. For the Respondent(s) : Mr. V.K. Jindal, Sr. Adv. with Mr. S. Rana, Adv. Ms. B. Jyrwa, Adv. Appearance: In CRAPPL

COMNR.,OF INCOME TAX vs. FALCON REAL ESTATE

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

nature and quality of lands is by and large similar to the notified land there should be no interference with respect to the amount of compensation to be awarded. Further reliance is placed upon the judgment of the Supreme Court in the case of Om Prakash (D) by LRs & Ors. v. Union of India & Anr3 and Delhi Development Authority

COMNR.OF INCOME TAX vs. ORISSA MINING CORP.

Bench: DR. JUSTICE S. MURALIDHAR (CJ),MR. JUSTICE R.K.PATTANAIK

nature and quality of lands is by and large similar to the notified land there should be no interference with respect to the amount of compensation to be awarded. Further reliance is placed upon the judgment of the Supreme Court in the case of Om Prakash (D) by LRs & Ors. v. Union of India & Anr3 and Delhi Development Authority