High Court of Orissa · Judgments and reasoned final orders
Jyotsnarani Dash v. Principal Commissioner of Income Tax, Bhubaneswar-1 & Ors.
W.P.(C) No. 10407 of 2025 ·
Reassessment order under section 147 read with section 144B disputing capital gains and section 54F deduction for AY 2020-21: writ petition not entertained in view of statutory appellate remedy; liberty granted to appeal.
1. FACTS OF THE CASE
The petitioner challenged a reassessment order dated 12.03.2025 passed under section 147 read with section 144B for AY 2020-21 and consequential demand notice, contending that the AO had not properly considered her reply under section 148A/148 or called for evidence regarding cost of acquisition, cost of improvement, and investment in a new capital asset under section 54F.
2. DISCUSSION BY THE COURT
Agreeing with the Senior Standing Counsel's objection, the Division Bench held that the petitioner's contentions regarding capital gains computation, cost of acquisition/improvement, and section 54F exemption required factual adjudication of evidence by the statutory appellate authority, which is fully competent to examine both factual materials and natural-justice grievances.
3. JUDICIAL DECISION
Disposed of W.P.(C) No. 10407 of 2025 with liberty to the petitioner to pursue the statutory appellate remedy in accordance with law.
4. OUTCOME
Revenue (on alternative remedy) - Writ petition disposed of declining interference and relegating the assessee to the statutory appellate authority.
5. AKHB REVIEW POINT
AKHB analysis: where a reassessment order under section 147/144B turns on factual verification of capital-gains cost of improvement and section 54F reinvestment, High Courts ordinarily require the taxpayer to exhaust the section 246A appeal before NFAC.
Source and verification
4-page official High Court of Orissa judgment PDF (20251127_ODHC010261252025.pdf).
Original PDF: 4 pages · SHA-256: 6c58c153351c82f835cf5bc3d512fdf5e8ccafc6f34375069924fdf995cd54a0
Supplied source-reviewed note retained; original bytes and identity validation checked in this release. Substantive re-review is not claimed for this record.
Applies sections 54F, 144B, 147, 148A and 246A of the Income-tax Act, 1961 for AY 2020-21. Income-tax Act, 2025 equivalence is not verified.
Full primary judgment PDF read page-by-page and verified against the AKHB Google Drive repository. Comprehensive subsequent judicial treatment has not been independently verified.
AI disclosure and professional disclaimer
AI-assisted source review. Independent human approval is not represented.
General research only. Read the complete judgment and verify applicable law and subsequent treatment before reliance.