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of <h1>Supreme Court Reinstates Revenue's Special Leave Petition, Condones 70-Day Delay and Orders Procedural Corrections</h1> <h3>THE DIRECTOR OF INCOME TAX & ANR. Versus IBM INDIA PVT LTD</h3> SC restored SLP filed by Revenue after inadvertent disposal, condoning 70-day delay in restoration application. Court directed Revenue to address Office ... TDS u/s 195 - assessee in default - payroll services rendered by IBM Philippines to the assessee - As decided by HC [2023 (2) TMI 174 - KARNATAKA HIGH COURT] payments received by IBM Philippines shall not be liable for TDS u/s 195 of the IT Act. Therefore, assessee cannot be deemed as an 'assessee in default' HELD THAT:- This application is at the instance of the Revenue bringing to our notice that inadvertently the Special Leave Petition came to be disposed of on the ground of low tax effect. However, the matter needs to be heard on merits. We recall our order [2024 (9) TMI 1748 - SC ORDER] by condoning the delay of 70 days in filing the application for restoration and restore the SLP to its original number on the file. In the meantime, Revenue is directed to cure the defects as pointed in the Office Report dated 20-5-2025 immediately. The Supreme Court, through Hon'ble Justices J. B. Pardiwala and R. Mahadevan, addressed an application by the Revenue seeking restoration of a Special Leave Petition (SLP) that was inadvertently disposed of on the ground of 'low tax effect.' The Court recognized that the matter 'needs to be heard on merits' and accordingly 'recalled our order dated 24-09-2024,' condoning a delay of 70 days in filing the restoration application. The SLP was restored to its original number on the file. Additionally, the Revenue was directed to 'cure the defects as pointed in the Office Report dated 20-5-2025 immediately.' Both applications were allowed on these terms.
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