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SLP Dismissed Under Article 136, Upholding Time-Barred First Appeal and Authority's Limitation View in Revenue Case The SC dismissed the revenue appeal at the SLP stage, declining to interfere under Article 136 with the HC judgment. The HC had rejected the assessee's ...
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SLP Dismissed Under Article 136, Upholding Time-Barred First Appeal and Authority's Limitation View in Revenue Case
The SC dismissed the revenue appeal at the SLP stage, declining to interfere under Article 136 with the HC judgment. The HC had rejected the assessee's first appeal as time-barred and decided the framed substantial question of law against the appellant and in favour of the department, effectively upholding the authority's view on limitation. The SC held that no error of law or perversity was demonstrated to warrant its discretionary intervention. Consequently, the HC's decision on limitation and the department's position stood affirmed, and the assessee's challenge finally failed.
The Supreme Court, exercising its discretionary jurisdiction under Article 136 of the Constitution of India, declined to interfere with the impugned judgment. The Court held that it did "not find a good ground to interfere with the impugned judgment in exercise of our jurisdiction under Article 136 of the Constitution of India." Consequently, the special leave petition was dismissed. The order reflects the settled principle that interference under Article 136 is exceptional and reserved for cases showing substantial miscarriage of justice or significant legal error, which the Court found absent here. All pending applications connected with the matter were ordered to "stand disposed of" upon dismissal of the special leave petition.
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