Supreme Court Declines to Condone 320-Day Delay in Revenue’s SLP

Supreme Court Declines to Condone 320-Day Delay in Revenue’s SLP

The Chief Commissioner of Income Tax filed a Special Leave Petition before the Supreme Court challenging the Delhi High Court’s judgment dated 04.11.2024 in the case of Sheetal International Private Limited. The High Court had set aside an order passed under Section 148A(d) and the notice under Section 148 of the Income Tax Act for AY 2017-18, holding that the reassessment proceedings were barred by limitation under the first proviso to Section 149(1).

When the matter reached the Supreme Court, the SLP was reported to be filed with a delay of 320 days. An application seeking condonation of delay was also moved by the Revenue.

Issue Before Apex Court: Whether the Supreme Court should condone the inordinate delay of 320 days and examine the merits of the Revenue’s challenge to the Delhi High Court’s order quashing the reassessment notice.

SC’s Ruling: The Supreme Court dismissed the SLP solely on the ground of delay. The Court found no sufficient explanation to condone the delay of 320 days and declined to interfere.

Therefore, the High Court’s decision quashing the reassessment proceedings against the assessee remained undisturbed. All pending applications were also disposed of.

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