Delay not condoned; reassessment under Section 147 invalid without fresh material, revenue's belated appeal dismissed on merits

SC dismissed the revenue's Special Leave Petition, which was delayed by 142 days, holding that the delay was not satisfactorily explained. On examining the impugned HC order, SC found no palpable error warranting interference. The HC had held that reopening of assessment u/s 147, even within four years, is impermissible when based solely on re-examination of the same material considered in the original assessment and absent any fresh tangible material. SC therefore declined to condone the delay and dismissed the petition both on the ground of limitation and on merits, leaving the HC decision undisturbed.

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The Supreme Court considered a Special Leave Petition (SLP) filed with a delay of 142 days. After hearing counsel for both parties and examining the impugned High Court order, the Court assessed whether any "palpable error" existed that could justify a lenient approach to condonation of delay. It held that there was no "palpable error in the order of the High Court." The Court further found that the petitioner had not "satisfactorily explained" the delay in filing the SLP. Given the absence of any apparent error in the High Court's decision and the inadequate explanation for the substantial delay, the Supreme Court declined to exercise its discretionary jurisdiction under Article 136. The SLP was dismissed "on delay as well as merits." All pending applications were also disposed of as a consequence of the dismissal.

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