PCIT Vs Satish Kumar (Delhi High Court)
Procedural History & Facts: The Revenue filed an application (CM APPL. 31455/2026) under Section 5 of the Limitation Act, Section 151 of the Code of Civil Procedure, 1908, and Section 260(2A) of the Income Tax Act, 1961, seeking condonation of a 77-day delay in re-filing an appeal (ITA 384/2026) against an ITAT order dated 26.09.2025.
Findings & Directions: The High Court condoned the 77-day delay in re-filing and admitted the appeal on four substantial questions of law:
Whether the ITAT was legally justified in rejecting multiple Revenue grounds without giving reasons or discussion.
Whether the ITAT was legally justified in deleting Section 69A additions regarding demonetisation-era cash deposits.
Whether the ITAT correctly held that the increased tax rate of 60% applies from 01.04.2017.
Whether the Section 115BBE amendment under the Taxation Laws (Second Amendment) Act, 2016 (published 15.12.2016) applying an enhanced 60% tax rate can apply to transactions prior to 15.12.2016.
The High Court issued notice through all permissible modes, returnable on 06.10.2026.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. Allowed, subject to all just exceptions.
2. Application stands disposed of.
CM APPL. 31455/2026 [Delay in re-filing]
3. Instant application has been filed under Section 5 of limitation Act read with Section 151 of the Code of Civil Procedure Act, 1908 read with Section 260(2A) of the Income Tax Act, 1961 seeking condonation of delay in re-filing the appeal.
