2026 (2) TMI 1383 - SCH - Income Tax

Reopening of assessment denied where deleted DRP recommendation did not amount to information; delay condonation refused.

Reopening of assessment under income-tax law was held unjustified where the deletion of an addition made on the basis of a Dispute Resolution Panel ... Reopening of assessment u/s 147 - depreciation on the Written Down value of the goodwill - Delay filling SLP As decided by HC [2025 (2) TMI 513 - GUJARAT HIGH COURT] addition made on account of the recommendation of the Dispute Resolution Panel which was deleted as per the provision of Section 92BA were not applicable for the year under consideration and only because the Tribunal has not dealt with the merits of the matter, the same cannot be considered as an information, so as to assume the jurisdiction to issue the notice u/s 148 more particularly when the AO has failed to point out the effect of deletion of the addition made in the year 2014-15 and therefore, there is no question of escapement of income for the AY 2018-19 for claim of the depreciation on the Written Down value of the goodwill for the year under consideration. HELD THAT:- No case is made out for condonation of delay of 262 days in filing the present petition. Even on merits, we do not find any case is made out for interference. The application for condonation of delay as well the Special Leave Petition are dismissed. Outcome: Special Leave Petition dismissed on the ground of delay.