RAJIV SHAKDHER, GIRISH KATHPALIA
Principal Commissioner of Income Tax-central-1 – Appellant
Versus
Smc Power Generation Ltd. – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
CM APPL. 23108/2023 [Application filed on behalf of the appellant seeking condonation of delay of 300 days in re-filing the appeal]
1. This is an application moved on behalf of the appellant/revenue seeking condonation of delay in re-filing the appeal.
1.1 According to the appellant/revenue, there is a delay of 300 days.
2. For the reasons given in the application, the delay is condoned.
3. The application is disposed of, in the aforesaid terms.
ITA 262/2023
4. This appeal concerns Assessment Year (AY) 2008-09.
5. The appellant/revenue seeks to assail the order dated 25.03.2021 passed by the Income Tax Appellate Tribunal [in short "the Tribunal"].
6. Learned counsel for the appellant/revenue says that the issue raised in the present appeal is covered by the judgment of the coordinate bench dated 18.09.2017 passed in ITA No. 603/2017.
7. We may note that the only issue which arises in the present appeal concerns addition made on account of unexplained credit found in the books of the respondent/assessee qua share application money.
7.1 The amount was sought to be added by the Assessing Officer(A
The court's decision was based on the absence of a substantial question of law for consideration in the appeal.
The court has the discretion to condone delay in re-filing appeals and may rely on previous decisions to close appeals.
The principle of condonation of delay and the requirement for a substantial question of law to arise for consideration in an appeal.
The court's decision was based on the lack of substantial question of law arising for consideration and the coverage of the issue by a previous court decision.
The court's decision was influenced by its previous ruling on a similar issue, indicating the importance of consistency in judicial decisions.
The incriminating material found during the search must concern the assessment year in issue for the proceedings to be valid.
Clarity in penalty notices and the debatable nature of issues at the relevant time can influence the imposition of penalties.
The liability to pay interest under Section 220(2) of the Income Tax Act, 1961 arises only with respect to the amount specified in the notice of demand issued under Section 156 of the Act, which was ....
The absence of substantial question of law can lead to the closure of appeals.
The court's decision was influenced by the lack of substantial question of law and the specific provisions of Section 14A of the Income Tax Act, 1961.
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