Authority: Supreme Court of India

Order Date: 05-10-2026

Case Overview

  • Petitioner: Deputy Commissioner of Income Tax Circle 23 (and others) vs Respondent: K2 Family Private Trust.
  • The Special Leave Petition (Civil) IA No. 294208/2026 sought condonation of delay in filing a petition arising from the High Court judgment dated 15-12-2025 in WPL No. 38249/2025.
  • Hearing held on 5 Oct 2026 before a bench of Hon’ble Mr. Justice Ujjal Bhuyan and Hon’ble Mr. Justice Atul S. Chandurkar, with counsel for both sides.

Order

1. Delay in filing the petition is condoned.

2. The Court, after hearing the Additional Solicitor General, is prima facie of the view that the High Court should have expressed a definitive opinion on the merit of the assessees’ set‑off claim; had it done so, paragraph 21 of the High Court order would have been fully justified.

3. A notice on this limited aspect is issued, returnable on 12 Jan 2027.

Final Outcome

  • The petition may proceed as the delay is condoned; the parties must respond to the notice by 12 Jan 2027, and the High Court’s omission regarding the set‑off claim is highlighted for further consideration.

Topics: Taxation, Judicial Review