Reassessment under s.147 quashed for mechanically formed reasons, misstatement of section and misapplied precedent; relief denied for 445-day delay Reopening of assessment under s.147 was found to be based on mechanically formed 'reasons to believe' lacking tangible material and application of mind; ...
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Reassessment under s.147 quashed for mechanically formed reasons, misstatement of section and misapplied precedent; relief denied for 445-day delay
Reopening of assessment under s.147 was found to be based on mechanically formed "reasons to believe" lacking tangible material and application of mind; the purported basis misstated the section under which assessment was framed and misidentified precedent, rendering the reassessment unsustainable. The SC agreed with the HC principle requiring tangible material to infer escapement of income and effectively ruled in favour of the assessee on merits. However, the Special Leave Petition was dismissed for failure to condone a 445-day delay, so relief was denied on procedural grounds.
The Court "do[es] not find a good reason to condone the reported delay of 445 days." The Special Leave Petition was therefore dismissed "on ground of delay." The decision is purely procedural: the petition was refused for non-explanation of the inordinate 445-day delay in filing, without adjudication on the merits of the underlying dispute. No respondent appearance influenced the outcome; the dismissal rests squarely on delay-condonation principles and procedural non-compliance.
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