Pr. Commissioner of Income Tax, Central II v. M/S Somani Worsted Limited
Income Tax – Limitation period for assessment post-search
Case brief
What is this about?
Pr. Commissioner of Income Tax, Central II v. M/s Somani Worsted Limited, ITA 578/2026 (Delhi HC, decided 24.07.2026; Dinesh Mehta and Rajneesh Kumar Gupta, JJ) - dismissal of the Revenue's Section 260A Income Tax Act, 1961 appeal against the ITAT Delhi Bench 'E' order dated 26.11.2025 (ITA Nos.1557/De1/2025, 1558/De1/2025) upholding the CIT(A) order dated 23.12.2024; AY 2011-12 assessment held time-barred beyond the 10-year limitation period measured from the satisfaction note dated 24.05.2021 following a Section 132 search of 02.11.2017 in the Rakesh Jain Group case; PCIT v. Ojjus Medicare Pvt. Ltd. [2024] 161 taxmann.com 160 (Delhi) followed; pendency of a Special Leave Petition before the Supreme Court noted; 85-day delay in re-filing condoned (CM APPL. 47030/2026).
What did the court decide?
Condonation of 85 days' delay in re-filing the appeal (CM APPL. 47030/2026); no relief to the appellant-Department on the merits, the appeal being dismissed following PCIT v. Ojjus Medicare.