2024 (7) TMI 662 - SCH - Income Tax

Delay in filling SLP - Addition u/s 41(1) - assessee s liability to the tune to be a case of cessation of liability - As decided by HC 2022 (11) TMI 1215 - CALCUTTA HIGH COURT assessee has fulfilled the duty cast upon them to provide evidence that the liability exist at the end of the year. The duty on AO is to prove that the liability has ceased to exist which in our considered view has been miserably failed to be established. HELD THAT - As here is a delay of 450 days in the filing of the present special leave petition. Even on merits, we do not see any good ground or reason to interfere with the impugned judgment.

Summary

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

In this judgment by the Supreme Court, the main issue addressed was the delay of 450 days in filing the special leave petition. The Court noted that even on merits, there were no good grounds or reasons to interfere with the impugned judgment. The Court dismissed the application for condonation of delay and subsequently rejected the special leave petition. Any pending applications were disposed of as well. The decision was based on the lack of justification for the delay and the absence of substantial reasons to challenge the impugned judgment. The Court's ruling was clear and concise, emphasizing the importance of timely filings and the necessity of valid reasons to seek interference with previous judgments. The judges, including Hon'ble Mr. Justice Sanjiv Khanna, Hon'ble Mr. Justice Sanjay Karol, and Hon'ble Mr. Justice Sanjay Kumar, collectively agreed on the dismissal of the petition due to the delay and lack of substantive grounds for intervention.