Orissa High Court

WP(C)/15124/2026 of GUDARI LARGE SIZED MULTIPURPOSE CO-OPERATIVE SOCIETY LTD., RAYAGADA Vs PRINCIPAL CHIEF COMMISSIONER OF INCOME TAX(PR. CCIT), BHUBANESWAR on 25 June 2026

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of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK WP(C) No.15124 of 2026 Gudari Large Sized Multipurpose Cooperative Society Limited …. Petitioner Mr. Diganta Das, Advocate -versus- Principal Chief Commissioner of Income Tax, Odisha and others …. Opposite parties Mr. Subash Chandra

IN THE HIGH COURT OF ORISSA AT CUTTACK

WP(C) No.15124 of 2026

Gudari Large Sized Multipurpose

Cooperative Society Limited

….

Petitioner

Mr. Diganta Das, Advocate

-versus-

Principal Chief Commissioner of

Income Tax, Odisha and others

….

Opposite parties

Mr. Subash Chandra Mohanty, Senior Standing Counsel along with Mr. Avinash Kedia, Junior Standing Counsel

CORAM:

THE HON’BLE THE CHIEF JUSTICE

AND

THE HON’BLE MR. JUSTICE MURAHARI SRI RAMAN

Order No.

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ORDER

25.06.2026

01.

1. Assailing order dated 14th August, 2025 passed in ITA No.414/CTK/2025 by the Income Tax Appellate Tribunal, Cuttack Bench, Cuttack (through virtual hearing), the writ petition has been filed. Without delving into the nuances of law pertaining to the jurisdiction exercised by the Court under Article 226 of the Constitution of India vis-à-vis the remedy by way of an appeal under Section 260A of the Income Tax Act, we invited the attention of the counsel to address us on the impugned order, which admittedly does not appear to have been passed on merit. The Tribunal dismissed the appeal as the Authorised Representative (AR) of the assesse is not in a proper dress as per the SOP for virtual mode.

2. Having invited the attention of the learned Senior Standing Counsel appearing for the Department, the provisions contained in Rule 17A of the Income Tax (Appellate Tribunal) Rules, 1963 and the other relevant provisions, the learned Senior

Standing Counsel in his fairness submits that in terms of Rule 24 of the said Rules, the Tribunal ought to have proceeded to decide the matter treating the non-appearance of the appellant, the petitioner herein. He fairly concedes that there is no provision for dismissal of an appeal if the Authorised Representative is not in a proper dress.

3. In view of the above, the order impugned is hereby set aside. The appeal filed before the Tribunal is restored to its original file and number. The Appellate Tribunal is requested to make endeavor to dispose of the appeal as expeditiously as possible.

4. With the aforesaid observation, the writ petition stands disposed of. As a result of disposal of the writ petition, all pending Interlocutory Application(s) shall stand disposed of.

(Harish Tandon) Chief Justice

(M.S. Raman) Judge MRS/Laxmikant Digitally Signed Signed by: LAXMIKANT MOHAPATRA Designation: SENIOR STENOGRAPHER Reason: Authentication Location: High Court of Orissa, Cuttack Date: 29-Jun-2026 18:38:41 Signature Not Verified

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