2018 (12) TMI 607 - SCH - Income Tax

Supreme Court stays operation of order, grants notice in delay case.

The Supreme Court in a 2018 case condoned delay, issued notice, and stayed the operation of the impugned order until further orders. The petitioner was ... Accrual of income - whether duty drawn back accrues to the assessee only on passing of the order by appropriate authority and not in the year of export? - Held that:- Delay condoned. Issue notice. Until further orders, the operation of the impugned order shall remain stayed. Delay is 'condoned.' The Court has directed that notice be 'issued.' Pending further orders, the 'operation of the impugned order shall remain stayed.' These directives establish three immediate legal effects: (1) the procedural defect of delay has been retrospectively cured, permitting adjudication on the merits rather than dismissal for laches; (2) the matter will proceed by service of process and opportunity for response following issuance of notice; and (3) an interim injunction effect is in place, preserving the status quo by suspending enforcement of the impugned order until the Court decides otherwise. No substantive reasoning is recorded beyond these operative orders; no directions on interim conditions, timelines or expedited hearing were specified.