2025 (5) TMI 2159 - SCH - Income Tax

Writ of Declaration declaring the amendment made to Section 245A of the Income Tax Act by inserting sub clause (da) (ea) and (eb) 245B 245BC 245BD proviso to 245C 245D 245DD 245F 245G 245H and insertion of new Section 245AA and 245M by the Finance Act 2021 as arbitrary illegal and void - Delay filling SLP HHELD THAT - Although there is a delay of 275 days in filing this Special Leave Petition we nevertheless find it necessary to follow the earlier order passed by this Court in M/s. Asvini Fisheries Private Limited 2025 (2) TMI 1185 - SC ORDER and consequently dismiss the Special Leave Petition. Application seeking condonation of delay along with all other pending application(s) if any shall stand disposed of.

Summary

The Supreme Court, through a Partial Working Days Bench comprising Hon'ble Mrs. Justice B. V. Nagarathna and Hon'ble Mr. Justice Satish Chandra Sharma, addressed a Special Leave Petition (SLP) filed with a delay of 275 days. Despite the delay, the Court adhered to its precedent in Special Leave Petition (Civil) Diary No. 7372 of 2025 (Principal Commissioner of Income Tax, Central Chennai & Ors. vs. M/s. Asvini Fisheries Private Limited) and accordingly dismissed the SLP. The Court further held that "the application seeking condonation of delay along with all other pending application(s), if any, shall stand disposed of." The decision underscores the Court's reliance on established precedent in matters of delay and condonation applications.