The Supreme Court upheld the order of the Delhi High Court in a special leave petition ( SLP ) challenging the order quashing notice issued under Section 148 of the Income Tax Act, 1961, after 16 years.
The senior counsel appearing for the Revenue made out a point on the legality of the notice issued under Section 148 of the Income Tax Act on 28.03.2008.
A Two-Judge Bench comprising Justice Pamidighantam Sri Narasimha and Justice Arvind Kumar observed that “However, we see that the said notice as followed by the order passed by the AO/CIT was set aside by the Income Tax Appellate Tribunal way back on 21.06.2013. Subsequently the order of the Tribunal was upheld by the High Court on 15.09.2015.”
“Proceedings initiated in 2008 have concluded by the order of the High Court in 2015. Yet another decade passed thereafter. Under the circumstances, while we keep the question of law open for consideration in another case, we will not interfere with the judgment of the High Court” the Court noted.
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