Supreme Court - Daily Orders
Union Of India vs M/S Raghav International on 19 October, 2023
Author: B.V. Nagarathna
Bench: B.V. Nagarathna
ITEM NO.28 COURT NO.15 SECTION III
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition for Special Leave to Appeal (C) No.24022/2023
(Arising out of impugned final judgment and order dated 22-02-2023
in SCA No. 7165/2021 passed by the High Court of Gujarat at
Ahmedabad)
UNION OF INDIA & ORS. Petitioner(s)
VERSUS
M/S RAGHAV INTERNATIONAL & ANR. Respondent(s)
(IA No.207945/2023-CONDONATION OF DELAY IN FILING and IA
No.207946/2023-EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT)
Date : 19-10-2023 This petition was called on for hearing today.
CORAM :
HON'BLE MRS. JUSTICE B.V. NAGARATHNA
HON'BLE MR. JUSTICE UJJAL BHUYAN
For Petitioner(s) Mr. N. Venkatraman, A.S.G.
Mr. Mukesh Kumar Maroria, AOR
Mr. S.A. Haseeb, Adv.
Mr. Sree Kumar C.n., Adv.
Mr. V.c. Bharathi, Adv.
Ms. Praveena Gautam, Adv.
For Respondent(s) Mr. Harshadray A. Dave, Adv.
Mr. Raghav Jain, Adv.
Mr. Tarun Kumar Sobti, Adv.
Ms. Vanya Gupta, AOR
UPON hearing the counsel the Court made the following
O R D E R
Delay in filing the special leave petition is condoned. Having heard learned counsel for the petitioners and learned counsel for the respondent(s)-caveator, we find that this special leave petition arises out of Special Civil Application No.7165 of Signature Not Verified 2021 wherein, the period of assessment was 2011-2015. In respect of Digitally signed by Nisha Khulbey Date: 2023.10.19 17:05:38 IST Reason: the said period, the dates of issuance of the show cause notices 1 are 16.03.2021, 01.04.2021, 01.04.2021 and 25.05.2021 which means that the show cause notices were issued 6 to 10 years thereafter. There is no explanation whatsoever for the delay in issuance of notices to the respondents-herein.
In the circumstances, a challenge made to the show cause notices before the High Court was successful inasmuch as the action of the respondent authority was held to be belated and hit by delay and latches. Consequently, the show cause notices were quashed. We do not think that the impugned order would call for any interference in this case.
Hence, the special leave petition is dismissed on the basis of delay and latches.
Pending application(s), if any, shall also stand disposed of.
(KRITIKA TIWARI) (MALEKAR NAGARAJ)
SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)
2