The Supreme Court dismissed the Special Leave Petition on the grounds of delay. The two-judge bench refused to condone the delay in the absence of a satisfactory explanation.
The SLP arose out of the impugned final judgment and order passed by the Delhi High Court Before the High Court, M/S Boeing India Pvt Ltd, the appellant stated that ITAT had erred in allowing the appeal of the assessee on the ground that the draft order framed under Section 144C(1) of the Income Tax Act, 1961 (‘the Act’) was issued in the name of a non-existing company and was accordingly void ab-initio making all subsequent proceedings non-est ignoring the fact that initial jurisdictional notice dated 16th March, 2016 under Section 143(2) of the Act had been issued to the correct entity and the final assessment order dated 29th October, 2019 had been passed in the name of the new entity as per the Directions of the Dispute Resolution Panel (DRP).
The High Court was of the view that “the issues of ‘receivables’ as well as ‘disallowance’ under Section 40(a)(ia) of the Act are essentially questions of fact, which give rise to no substantial questions of law especially when the findings of the ITAT are not perverse.”
Considering the SLP, Justice B V Nagarathna and Justice Augustine George Masih held that “There is a huge delay of 325 days in filing this Special Leave Petition. We are not satisfied with the explanation offered by the petitioner. Hence, the special leave petition is dismissed on the ground of delay.”
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