2024 (9) TMI 587 - SCH - Income Tax

Delay in filling SLP - Claim of exemption u/s 10(38) - Denial of principles of natural justice - denial of an opportunity to cross examine the entry providers - As decided by HC 2023 (2) TMI 392 - ORISSA HIGH COURT claim for benefit of Section 10(38) and denial of an opportunity to cross examine the entry providers, turned on facts - ITAT was justified in accepting the plea of the Assessee that the failure to adhere the principles of natural justice went to the root of the matter. Also, the CBDT circular that permitted to the Assessee to file revised returns if he omitted to make a claim was also not noticed by the AO. HELD THAT - There is a delay of 449 days in filing the special leave petition. The explanation offered is not sufficient in law to condone the delay. Hence, the application seeking condonation of delay is dismissed. Consequently, the special leave petition is also dismissed keeping open the question of law, if any. Pending application(s) stand disposed of. The aforesaid order is passed following the order passed by this Court in Special Leave Petition 2024 (2) TMI 1202 - SC ORDER . Anupama Mohapatra).

Summary

The Supreme Court dismissed the special leave petition due to a delay of 449 days in filing, with the explanation provided not sufficient to condone the delay. The application seeking condonation of delay was also dismissed. The question of law remains open. The decision followed a previous order in a related case.