Authority: High Court of Orissa, Cuttack

Order Date: 23 September 2026

Case Overview

  • Petitioner: M/s. Scan Energy & Power Ltd., Bhubaneswar, represented by Senior Advocate Mr. Subir Palit and Advocate Mr. Ajit Kumar Kanungo.
  • Opposite Party: Assessment Unit, Income Tax Department, National Faceless Assessment Centre, New Delhi & others, represented by Mr. A. Kedia, Jr. S.C.
  • The petition sought redressal of a tax assessment matter; the Court observed that the factual issue involved a jurisdictional question that could not be decided by this Court.
  • The petitioner requested permission to withdraw the writ petition and to pursue the matter before the appropriate authority.

Final Outcome

  • The Court permitted the petitioner to withdraw the writ petition, granting liberty to prefer an appeal before the correct forum.
  • The Court directed that any delay in filing the appeal be condoned liberally, acknowledging the petition was filed in the wrong forum.
  • Consequently, the writ petition was dismissed as withdrawn.

Topics: Tax Litigation, Judicial Jurisdiction