2024 (9) TMI 95 - SCH - Income Tax

Applicability of provision of DTAA overriding against to provisions of section 206AA - delay filling SLP - Whether Tribunal and CIT(A) are right in holding that provisions of DTAA will override provisions of the Act when the same is against to provisions of section 206AA of the Act? As decided by HC as submitted that the issue involved in this appeal is covered by the decision of this Court in the case of M/s. Wipro Ltd. 2023 (1) TMI 173 - KARNATAKA HIGH COURT The said submission is not disputed by Shri. M. Dilip for the appellants, in his usual fairness. Decided in favour of assessee HELD THAT - There is gross delay of 402 days in filing this Special Leave Petition. On perusal of the application seeking condonation of delay, neither are we satisfied with the reasons assigned for the same and nor are they sufficient in law to be condoned. Hence, the application seeking condonation of delay is dismissed. Consequently, the Special Leave Petition also stands dismissed. However, the question of law, if any, is kept open.

Summary

The Supreme Court dismissed a Special Leave Petition due to a gross delay of 402 days in filing. The application seeking condonation of delay was not satisfied with the reasons provided and was therefore dismissed. The Special Leave Petition was also dismissed, but the question of law remains open. Any pending applications shall stand disposed of.