2025 (4) TMI 54 - SCH - Income Tax

Delay of 433 days in filing the Review Petition - Assessment u/s 153C and 153A - The period for which the assessee requires to file the return - HELD THAT - This review petition has been filed by the petitioner seeking review of the Order 2023 (10) TMI 572 - SUPREME COURT passed in the captioned Civil Appeal whereby the said Appeal was dismissed and held that on a plain interpretation of Section 153C(1) that the Parliamentary intent to enact the proviso was to cater not merely to the question of abatement but also with regard to the date from which the six year period was to be reckoned in respect of which the returns were to be filed by the third party (whose premises are not searched and in respect of whom the specific provision u/s 153-C was enacted. The revenue argument that the proviso to Section 153(c)(1) is confined in its application to the question of abatement is insubstantial and without merit. HELD THAT - We have carefully gone through the said Order and the record. In our opinion no case for review is made out. Consequently the review petition is dismissed on the ground of delay as also on merits.

Summary

The Supreme Court, presided over by Hon'ble Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice Aravind Kumar, addressed a review petition with a "gross delay of 433 days" in its filing. The petitioner sought a review of the Order dated 26th September 2023, which dismissed the original Civil Appeal. Upon examination of the Order and the record, the Court found that "no case for review is made out." The review petition was dismissed both on the grounds of delay and on its merits.