2025 (4) TMI 547 - SCH - Income Tax

TP Adjustment - MAM selection - RPM v/s TNMM - as per HC 2023 (11) TMI 289 - DELHI HIGH COURT once the ITAT on considering the relevant facts as well as the order of the TPO had concluded that the business of the assessee was merely that of a pure trader and there was no value addition made before re-selling the particular products (i.e. the SIM cards) its consequent finding that RPM is the Most Appropriate Method is irreproachable. HELD THAT - There is a gross delay of 434 days in filing the Special Leave Petition which has not been satisfactorily explained by the petitioner. Special Leave Petition is accordingly dismissed on the ground of delay.

Summary

**Supreme Court Judgement Summary:**In the matter before the Supreme Court, presided over by Hon'ble Mr. Justice J. B. Pardiwala and Hon'ble Mr. Justice R. Mahadevan, the petitioner was represented by Mr. V C Bharathi and others. The Court addressed a significant procedural issue regarding the filing of a Special Leave Petition (SLP).1. **Delay in Filing**: The Court noted a "gross delay of 434 days" in the filing of the SLP. The petitioner failed to provide a satisfactory explanation for this delay.2. **Dismissal**: Due to the unexplained delay, the Court dismissed the SLP "on the ground of delay."3. **Disposition of Pending Applications**: Any pending applications related to the case were also disposed of as a result of this dismissal.This decision underscores the importance of adhering to procedural timelines in the filing of legal petitions.