ITA Nos.460, 461,386&387/CTK/2019 & ITA Nos.111&112/CTK/2020
Parties Involved
Facts Summary
The assessee, Birat Chandra Dagara, is an individual engaged in the business of mining contractor. The assessment was reopened based on the findings of the Justice M.B.Shah Commission Report on illegal mining in Odisha. The revenue alleged that the income from mining was taxable in the hands of M/s Nabadurga Minerals instead of Birat Chandra Dagara. The assessee argued that the reassessment proceedings were initiated solely based on the Justice M.B.Shah Commission Report without any other material. The Tribunal quashed the reassessment proceedings as they were initiated without any independent material.…
Decision in favour of
Partly Assessee / Partly Revenue
Legal Issues
- 1. Whether the reassessment proceedings initiated solely based on the Justice M.B.Shah Commission Report are valid?
- 2. Whether the income from mining should be taxed in the hands of Birat Chandra Dagara or M/s Nabadurga Minerals?
Judgment Outcome
Decided in favour of Partly Assessee / Partly Revenue.
Precedents Relied Upon
4 precedents cited in this judgement.
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