Special Leave Petition dismissed as time-barred after 463-day delay; depreciation of goodwill, secs 37(1) and 80IA(4), and SDT unresolved The SC dismissed the Special Leave Petition as time-barred due to a 463-day delay and refused to condone the delay, finding the reasons inadequate in law. ...
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Special Leave Petition dismissed as time-barred after 463-day delay; depreciation of goodwill, secs 37(1) and 80IA(4), and SDT unresolved
The SC dismissed the Special Leave Petition as time-barred due to a 463-day delay and refused to condone the delay, finding the reasons inadequate in law. The petition was therefore dismissed on delay grounds, leaving the substantive legal questions concerning depreciation on goodwill, deduction under section 37(1) for donations, deduction under section 80IA(4), and SDT on captive power transfer unresolved and open for determination.
"There is a gross delay of 463 days in filing this Special Leave Petition." The reasons advanced for condonation of delay were held to be "neither satisfactory nor sufficient in law," and therefore the application for condonation of delay is dismissed. Consequent to that dismissal, the Special Leave Petition itself is dismissed on the ground of delay, with the court expressly leaving "the question of law, if any, open." All pending application(s) stand disposed of. Key legal consequences: denial of condonation of delay; procedural dismissal of the SLP on temporal grounds rather than on merits; preservation of any substantive legal issues for potential future consideration.
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