2024 (4) TMI 209 - 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 303 days in filing this 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. In doing so, we have also followed the earlier order of this Court in DIPANSU MOHAPATRA 2024 (3) TMI 217 - SC ORDER

Summary

The Supreme Court dismissed a special leave petition due to a gross delay of 303 days in filing, with the explanation provided deemed insufficient to condone the delay. The application seeking condonation of delay was also dismissed, and the question of law was left open. The decision followed a previous court order dated 01.03.2024 in a related case. Any pending applications were disposed of.