2024 (9) TMI 33 - SCH - Income Tax

Delay filling SLP - delay of 424 days - Validity of demand notice while issuing draft Assessment order u/s 144C - Curable defect u/s 292B - in the draft assessment order ACIT has ordered issuance of demand notice and to initiate penalty proceeding u/s 271(1)(c) HC 2023 (3) TMI 416 - KARNATAKA HIGH COURT at demand notice stems out of an order of assessment and it is enforceable. It meets the assessee with civil consequences. The argument on behalf of the Revenue that the demand notice was not enforced is fallacious and noted only to be rejected. We have carefully considered Section 292B - The mistake which the ACIT has done in passing the final order at the stage of draft order is not curable u/s 292B HELD THAT - As noted from the said application that the matter was entrusted to a panel typist for preparation of the paper book some time in October, 2023, there is no averment as to what happened to subsequent thereto. SPL was filed on 22.07.2024 and for the long period of nine months there is no explanation offered at all for seeking condonation of delay. In the circumstances, we are not inclined to condone the delay of 424 days in filing this Special Leave Petition. The application is hence, dismissed. Consequently, the Special Leave Petition also stands dismissed.

Summary

The Supreme Court dismissed a Special Leave Petition due to a gross delay of 424 days in filing. The application for condonation of delay was not accepted, and the petition was consequently dismissed. The court kept open the question of law arising in the petition.