2024 (5) TMI 1087 - SCH - Income Tax

Delay in filing special leave petition - Nature of expenses - re-characterizing revenue expenses incurred by as capital expenditure by AO - correct approach in law and on the facts adopted or not? - As decided by HC 2023 (10) TMI 329 - DELHI HIGH COURT on perusal from the assessment order would show that what worried the AO was that the assessee had made no effort to earn income. Proposition put forth by the AO that since there is no income chargeable u/s 28 of the Act, therefore, no expenses could be claimed by an assessee u/s 30 to 37 of the Act, in our view, is completely unsustainable. This position has also been affirmed by the Tribunal. HELD THAT - There is delay of 152 days in filing the present special leave petition. Even on merits, we do not see any good ground and reason to interfere with the impugned judgment. Recording the aforesaid, the application for condonation of delay and consequently the Special Leave Petition are dismissed.

Summary

Issues involved: Delay in filing special leave petition, lack of merit for interference with impugned judgment.

Delay in filing special leave petition: The Supreme Court noted a delay of 152 days in filing the special leave petition. The Court observed that even on merits, there were no good grounds or reasons presented to justify interference with the impugned judgment. Consequently, the application for condonation of delay and the Special Leave Petition were dismissed.

Lack of merit for interference with impugned judgment: The Court found no compelling reasons to intervene in the impugned judgment. The decision was based on the lack of substantial grounds or justifications provided to warrant overturning the lower court's ruling. As a result, the Special Leave Petition was dismissed, and any pending applications were disposed of accordingly.