2024 (7) TMI 1147 - SCH - Income Tax

Delay in filling SLP - TDS u/s 195 - scope of amendment of Finance Act, 2010 in section 9 - Liability to deduct tax on payments made on sub-contract work done - outsourcing a portion of on-site work to its subsidiary in China - default u/s 201(1) 201(1A) - as decided by HC 2023 (6) TMI 773 - KARNATAKA HIGH COURT person mentioned in section 195 of the Income Tax Act cannot be expected to do the impossible, namely, to apply the expanded definition of royalty inserted by explanation 4 to section 9(1)(vi) of the Income Tax Act, for the assessment years in question, at a time when such explanation was not actually and factually in the statute. HELD THAT - There is a gross delay of 296 days in filing this Special Leave Petition. Even otherwise, we do not find any merit in the matter. Special Leave Petition is dismissed both on the ground of delay as well as on merits.

Summary

Issues: Gross delay in filing Special Leave Petition, Lack of merit in the matter

The Supreme Court, comprising Hon'ble Mrs. Justice B. V. Nagarathna and Hon'ble Mr. Justice Dipankar Datta, addressed the issue of a significant delay of 296 days in filing the Special Leave Petition. The Court noted the delay and further examined the merits of the case. After due consideration, the Court concluded that there was no merit found in the matter. Consequently, the Special Leave Petition was dismissed on the dual grounds of delay and lack of merit. Additionally, any pending applications were deemed disposed of as a result of this judgment. The decision showcases the importance of timely filing and the necessity of demonstrating substantial legal grounds to support a petition before the Supreme Court.