SC upholds HC quashing reopening under Section 148 due to no fresh evidence and unexplained 181-day delay The SC dismissed the Special Leave Petition due to a 181-day unexplained delay and on merits, upholding the HC's decision. The HC had quashed the notice ...
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SC upholds HC quashing reopening under Section 148 due to no fresh evidence and unexplained 181-day delay
The SC dismissed the Special Leave Petition due to a 181-day unexplained delay and on merits, upholding the HC's decision. The HC had quashed the notice issued under section 148, ruling that reopening the assessment based solely on transactions with a bank and a survey under section 133A amounted to a change of opinion without fresh tangible material. The court found no prima facie evidence that income had escaped assessment, rendering the reopening invalid. The assessee's appeal was allowed by the HC, and the SC declined to interfere.
In the Supreme Court case presided over by Hon'ble Mr. Justice J. B. Pardiwala and Hon'ble Mr. Justice R. Mahadevan, the petitioner, represented by Mr. Raj Bahadur Yadav and others, faced a dismissal of their Special Leave Petition. The Court noted a "gross delay of 181 days" in filing the petition, which was not satisfactorily explained. Furthermore, the Court found "no good reason to interfere with the impugned order passed by the High Court." Consequently, the petition was dismissed on grounds of both delay and merits. All pending applications were also disposed of.
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