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of <h1>Petition dismissed for lack of merit and excessive 1728-day filing delay</h1> <h3>The Income Tax Officer, Ward 1 (2) (1) & Anr. Versus Naseem Zuzar Haji</h3> The SC dismissed the Special Leave Petition on grounds of merit and delay, noting an inordinate delay of 1728 days. Petitioner's counsel acknowledged that ... Reopening of assessment - reason to believe - bogus sauda chitthi against the purchase of an immovable property situated at Surat wherein one person claimed to have paid an amount as advance to petitioner - delay filling SLP As decided by HC [2022 (10) TMI 1243 - GUJARAT HIGH COURT] there is no income accrued on account of transfer of a capital asset either by way of sale deed or handing over possession pursuant to agreement to sell. It is well settled that the AO must have reason to believe that income chargeable to tax has escaped assessment. In the present case, there is no escapement of any income chargeable to tax due to failure on part of the assessee to disclose truly and fully all material facts as all the relevant records were produced on record. In absence of any escapement of income chargeable to tax, it is not open for the department to reopen the case of the present assessee. Petitioners as submits that similar matters have been dismissed. HELD THAT:- In view of the statement made, the Special Leave Petition is dismissed on the grounds of merit as well as on delay as there is inordinate delay of 1728 days. The Supreme Court, through Hon'ble Justices Pamidighantam Sri Narasimha and Pankaj Mithal, dismissed the Special Leave Petition. Counsel for the petitioner acknowledged that similar matters had been dismissed. The Court dismissed the petition 'on the grounds of merit as well as on delay,' emphasizing the 'inordinate delay of 1728 days.' No counsel appeared for the respondent.
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