Samir Kundu Vs National Faceless Assessment Centre (Orissa High Court)
Orissa High Court held that writ petition against assessment order u/s. 147 read with section 144 of the Income Tax Act is not entertained due to availability of alternative remedy. Accordingly, writ dismissed.
Facts- The returns u/s. 139 of the Income Tax Act, 1961 furnished by the petitioner, proprietor of a concern carrying on its business in the name and style “Shri Krishna Enterprises” situated within the district of Angul, Odisha State, being subject to scrutiny, a notice u/s. 148A(b) was issued based on information supplied by the DDIT that amount representing input tax credit under the Goods and Services Tax Act, 2017, availed qua the transactions with M/s. Utsav Enterprise and many others during the Financial Year 2019-20 is “inadmissible claim of expenses”. On obtaining approval of the Principal Commissioner of Income Tax, Asansol as required u/s. 151 of the said Act, notice u/s. 148 was issued contemplating initiation of proceeding.
AO framed assessment u/s. 147 r.w.s. 144 of the IT Act vide Order dated 26.03.2025 by adding the amount stating it to be wrongful claim treating it to be bogus purchase transactions disclosed in the return of income and raised demand. In the present writ petition said assessment order is assailed.
