M/S. Elcon Impex Private Ltd. v. Assistant Commissioner of Income Tax & Ors.
Case brief
What is this about?
Elcon Impex Pvt Ltd v ACIT, Delhi HC, W.P.(C) 4339/2025, 04.04.2025, Vibhu Bakhru & Tejas Karia JJ. Income tax recovery dispute AY 2017-18; assessment order 21.12.2019 u/s 143(3) raising demand Rs. 1,45,56,852; recovery beyond 20% cap (Rs. 75,77,100) sought to be refunded; appeal u/s 246A filed 05.01.2020 pending before CIT(A) over 5 years; stay application pending; challenge to order dated 07.02.2025 under Section 220(6); reliance on OM 29.02.2016 and OM 31.07.2017; petition disposed with direction to approach PCIT within one week for reasoned order within three weeks bearing in mind Skyline Engineering Contracts (India) (P.) Ltd v. DCIT Circle-22(2), W.P.(C) 6172/2021; rights reserved; no merits adjudicated.
What did the court decide?
No substantive relief adjudicated on merits. Petition disposed of with a direction that if the petitioner approaches the learned PCIT within one week by filing an appropriate application, the PCIT shall consider the petitioner's grievances and pass a reasoned order bearing in mind Skyline Engineering Contracts (India) (P.) Ltd v. DCIT Circle-22(2) and other decisions, as expeditiously as possible and preferably within three weeks; pending applications disposed of; rights and contentions of parties reserved.