2023 (9) TMI 1326 - SCH - Income Tax

Validity of Revision u/s 263 by CIT - payments made to persons specified under Section 40A(2)(b) allowed in assessment order - ITAT gave a finding of fact that no such issue was ever raised by CIT in the notice served upon the assessee and the assessee was not even confronted by the CIT before passing the Order - as decided by HC 2022 (4) TMI 1081 - BOMBAY HIGH COURT there is a finding by the Tribunal as noted earlier that no issue was raised by the CIT in respect of particulars of payment made to persons specified under Section 40A(2)(b) of the Act and even the show cause notice is silent about that. HELD THAT - There is a huge delay of 411 days in filing the Special Leave Petition. Nevertheless we have heard learned counsel for the petitioner on merits of the case. The delay has not been explained to the satisfaction of this Court. Neither do we find any merit in the petition. Hence the special leave petition is dismissed both on the ground of delay as well as on merits.

Summary

The Supreme Court dismissed the Special Leave Petition due to a 411-day delay in filing, and found no merit in the petition. The decision was made by HON'BLE MRS. JUSTICE B.V. NAGARATHNA and HON'BLE MR. JUSTICE UJJAL BHUYAN.