Director Of Income Tax-Ii And Others v. National Petroleum Constructions Company And Another

IN THE HIGH COURT OF UTTARAKHAND AT NAINITALSPECIAL APPEAL NO. 347 OF 2013 Director of Income Tax-II and others. ………Appellants. Versus National Petroleum Constructions Company and another. …….Respondents. Mr. H.M. Bhatia, Advocate for the appellants. Mr. C.S. Agarwal, Senior Advocate assisted by Mr. P.R. Mullick, Advocate for respondent no. 1. Coram: Hon'ble Barin Ghosh, C.J.Hon'ble U.C. Dhyani, J. Barin Ghosh, C.J. (Oral) The completed assessment was purported to be opened in exercise of power under Section 147 of the Income Tax Act in view of a subsequent pronouncement by a Court. In McDermott International Inc Vs. Additional Commissioner of Income Tax and others reported in 259 ITR 138, a Division Bench of this Court has held that the judgment of a higher authority was no ground to reopen the assessment under Sections 147 and 148 of the Act, when there was no failure, otherwise, on the part of the assessee. This judgment of the Division Bench is binding on us. Against this judgment, a Special Leave Petition was filed before the Hon’ble Supreme Court with an Application for Condonation of Delay. The Hon’ble Supreme Court refused to condone the unexplained inordinate delay of 264 days and, accordingly, dismissed the Special Leave Petition, after having left the question of law opened. The Special Leave Petition was dismissed on 23[rd] January, 2004. The judgment under Appeal was rendered on 20[th] August, 2011. In preferring the present Appeal, there has been 705 days’ delay. In the grounds of Appeal, it has not been stated, why this Court should be persuaded to take a different view than what has been expressed by this Court in the judgment referred to above; while in the Application for condondation of delay, no cogent reason for delay has been furnished. 2. In the circumstances, we refuse to condone the delay. Consequentially, the Application (CLMA No. 9092 of 2013) for condonation of delay fails and, as a result, the Appeal is also dismissed. (U.C. Dhyani, J.) (Barin Ghosh, C.J.) 24.12.2013 Rathour