Jewellery World A Partnership Firm v. The Deputy Commissioner of Income-tax, Circle 1,Sambalpur / The Principal Commissioner of IT / The Principal Chief Commissioner of IT
[Citation -2019-LL-0219-24]

Citation 2019-LL-0219-24
Appellant Name Jewellery World A Partnership Firm
Respondent Name The Deputy Commissioner of Income-tax, Circle 1,Sambalpur / The Principal Commissioner of IT / The Principal Chief Commissioner of IT
Court HIGH COURT OF ORISSA
Relevant Act Income-tax
Date of Order 19/02/2019
Assessment Year 2013-14
Judgment View Judgment
Keyword Tags reassessment order
Bot Summary: By way of this writ petition, the petitioner has challenged the notices dated 28.03.2018 and 13.10.2018 issued by the Deputy Commissioner of Income Tax, Circle-1(1), Sambalpur under Sections 148, 143(2) and 142(1) of the Income Tax Act relating to assessment year 2013-14. In the meantime, re-assessment order is already passed on 31.12.2018. Thus, the petitioner has filed an Interlocutory Application to amend the writ petition to challenge the order of re-assessment. In our considered opinion, since re- assessment order has already been passed, the writ petition has become infructuous. It is open for the petitioner to challenge all decision before the appellate authority raising all contentions. The writ application is disposed of with a direction that if the petitioner approaches the appellate authority by filing an appeal along with an application for -2- condonation of delay, if any, within four weeks hence, the appellate authority shall decide the same in accordance with law within two months from the date of filing of such appeal. Urgent certified copy of this order be granted on proper application.


W.P.(C) No. 21103 of 2018 02. 19.02.2019 Heard Mr. B. Panda, learned counsel for petitioner and Mr. S.S. Mohapatra, learned Senior Standing Counsel (Income Tax). 2. By way of this writ petition, petitioner has challenged notices dated 28.03.2018 and 13.10.2018 issued by Deputy Commissioner of Income Tax, Circle-1(1), Sambalpur under Sections 148, 143(2) and 142(1) of Income Tax Act relating to assessment year 2013-14. 3. In meantime, re-assessment order is already passed on 31.12.2018. Thus, petitioner has filed Interlocutory Application to amend writ petition to challenge order of re-assessment. In our considered opinion, since re- assessment order has already been passed, writ petition has become infructuous. It is open for petitioner to challenge all decision before appellate authority raising all contentions. 4. writ application is, therefore, disposed of with direction that if petitioner approaches appellate authority by filing appeal along with application for -2- condonation of delay, if any, within four weeks hence, appellate authority shall decide same in accordance with law within two months from date of filing of such appeal. 5. All connected Misc. Cases/I.As are disposed of accordingly. Urgent certified copy of this order be granted on proper application. (K.S. Jhaveri) Chief Justice (K.R. Mohapatra) SKJ Judge Jewellery World Partnership Firm v. Deputy Commissioner of Income-tax, Circle 1,Sambalpur / Principal Commissioner of IT / Principal Chief Commissioner of IT
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