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Benefit of section 10(15A) was to be granted as assessee, a US company entered into fresh lease agreements with Jet airways after acquiring aircrafts which were earlier leased to Jet Airways by previous owners

SUPREME COURT OF INDIA

 

SPECIAL LEAVE TO APPEAL (C) NOS. 17560-17562 OF 2016

 

Chairman, Central Board of Direct Tax ................................................Appellant.
v.
AFT Trust Sub-I ....................................................................................Respondent

 

SANJAY KISHAN KAUL, J.

 
Date :APRIL 3, 2017
 
Appearances

Ms. Alka Agrawal, Adv. and Mrs. Anil Katiyar, Adv. for the Petitioner.
Sachit Jolly, Adv., Ms. B. Vijayalakshmi Menon, Adv., Munindra Dvivedi, Adv. and Yatharth"Gautam, Adv. for the Respondent.


Section 10(15A) of the Income Tax Act, 1961 — Exemption — Benefit of section 10(15A) was to be granted as assessee, a US company entered into fresh lease agreements with Jet airways after acquiring aircrafts which were earlier leased to Jet Airways by previous owners — Chairman, Central Board of Direct Taxes vs. AFT Trust Sub-1.


ORDER


1. The Special Leave Petitions against the impugned order dated 5.9.2008 have been filed with a delay of 176 days and thereafter also, the refiling delay is 2630 days. The Office Report states that the petitioners are still in default in filing proof of service to caveator.

2. On the learned counsel for the respondent protesting against such continued inaction of the petitioners, the counsel for the petitioners states "so what".

3. It is a case of gross negligence in taking steps, thus, there is no ground to condone the delay and consequently, the Special Leave Petitions are dismissed on the ground of delay and non-prosecution.

 

[2017] 247 TAXMAN 220 (SC)

 
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