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
ITA/2/2023HC Orissa02 Mar 2023
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
Section 143(3)Section 144BSection 148Section 148A
2
authority having lack of inherent jurisdiction nor the order
falls within the category of cases where the authority
concerned has committed an apparent violation of principles of
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