2024 (3) TMI 217 - SCH - Income Tax

Delay in filling appeal before Supreme court - Denial of principles of natural justice - Assessee permitted to file revised returns - Claim for benefit of Section 10(38) - additions u/s 68 and 69 - Assessee not claiming exemption u/s 10(38) at the stage of the assessment proceedings Assessee turned around and make such claim of wanting to cross-examine persons make adverse statements against the Assessee at the stage of the appeal before the ITAT - As decided by HC 2023 (2) TMI 392 - ORISSA HIGH COURT 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. HELD THAT - There is gross delay of 273 days, 288 days and 267 days in filing the special leave petitions. The explanation offered is not sufficient in law to condone the delay. Hence, the applications seeking condonation of delay are dismissed. Consequently, the special leave petitions are also dismissed keeping open the question of law, if any.

Summary

The Supreme Court dismissed special leave petitions due to significant delays of 273, 288, and 267 days in filing. The explanation for the delay was deemed insufficient in law. The applications seeking condonation of delay were dismissed, and the question of law remains open. Pending applications were disposed of.