Mining Without EC Not Automatically Illegal; IT Dept May Invoke Sec 37(1) If Declared Illegal – Orissa HC

PCIT (Central) Vs Tarini Minerals Pvt. Ltd. (Orissa High Court) Orissa High Court has dismissed an appeal filed by the Principal Commissioner of Income Tax (Central) against Tarini Minerals Pvt. Ltd., pertaining to assessment years 2008-2009 to 2010-2011. The revenue had appealed an order by the Income Tax Appellate Tribunal (ITAT), Cuttack Bench, which had ruled in favor of the assessee. The core of the dispute revolved around allegations of illegal mining by Tarini Minerals due to the absence of statutory clearances and the subsequent reopening of assessments under Section 147 of the Income ...