2025 (4) TMI 546 - SCH - Income Tax

Reopening of assessment u/s 147 - Disallowance of CSR amount u/s 37(2) - reason to believe or suspect - tangible material to reopen - amount being 50% of the aggregate donation was deducted and claimed u/s 80G - as decide by HC 2024 (3) TMI 665 - BOMBAY HIGH COURT notice of reopening assessment does not by any measure disclose any material leave aside any information leading to formation of cogent and requisite belief. AO was infact in the knowledge of and in possession of all the relevant details regarding the deductions on account of CSR. The computation sheets the tax audit report the receipts from the donees and the other relevant documents were all provided and disclosed by Petitioner. It is thus a clear case of change of opinion by the AO. HELD THAT - There is a gross delay of 268 days in filing the Special Leave Petition which has not been satisfactorily explained by the petitioners. Special Leave Petition is accordingly dismissed on the ground of delay.

Summary

The Supreme Court, presided over by HON'BLE MR. JUSTICE J. B. PARDIWALA and HON'BLE MR. JUSTICE R. MAHADEVAN, dismissed the Special Leave Petition due to a "gross delay of 268 days" in its filing, which was not "satisfactorily explained" by the petitioners. Consequently, the petition was dismissed "on the ground of delay," and any pending applications were also disposed of.