ENERCON WINDENERGY PRIVATE LIMITED,KARNATAKA V. INCOME TAX OFFICER OF INCOME TAX WARD 8.1, DELHI

SA 56/DEL/2026

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Enercon Windenergy Pvt. Ltd. filed a stay application against an outstanding tax demand of Rs. 2,19,87,690 for the Assessment Year 2022-23, as per the assessment order dated 26.12.2025. The company argued that a rectification application filed under section 154 of the Income Tax Act on 23.01.2026, which addressed issues like double taxation of income and incorrect allowance of brought forward losses, could substantially reduce the demand. The Revenue opposed the stay, citing the recent filing of the rectification application. The Tribunal found merit in the assessee's request for a stay, considering the potential for a reduced demand following the rectification.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 835504 (ITAT-DELHI)
• Duration Of Justice: 14 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 11-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2022-2023
• Appeal Filed On: 28-01-2026
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: RAJESH KUMAR DHANESTA
• Assessee Lawyers: PRASHANT MEHARCHANDANI
• Keywords: Application of stay
• Section: 143(3); 154

Judgement Text

"SA No.56/Del/2026 Page | 1 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “H-FRIDAY” BENCH: NEW DELHI BEFORE SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER & SHRI MANISH AGARWAL, ACCOUNTANT MEMBER S.A.No.56/Del/2026 [In IT(TP)A No.22/Del/2026] [Assessment Year : 2022-23] Enercon Windenergy Pvt.Ltd. Plot No.71, Sector-32 Institutional Area, Gurugram Haryana-122001 PAN-AAECE8606K vs ITO Ward-8(1), Delhi/ Assessment Unit, NFAC, Delhi APPELLANT RESPONDENT Assessee by Shri Prashant Meharchandani, Adv. (V/C) & Ms. Kanika Jain, Adv. Revenue by Shri Rajesh Kumar Dhanesta, Sr.DR Date of Hearing 06.02.2026 Date of Pronouncement 11.02.2026 ORDER PER MANISH AGARWAL, AM : This stay application is filed by the applicant/assessee seeking stay on the recovery of outstanding demand of Rs. 2,19,87,690/- created for in terms of the assessment order passed u/s 143(3) r.w.s. 144C(13) r.w.s. 144B of the Income Tax Act, 1961 dt. 26.12.2025 for Assessment Year 2022-23. 2. The ld. AR for the assessee stated that an application u/s 154 of the Act was filed before the AO on 23.01.2026 and if the same is considered, the outstanding demand would be reduced substantially. He thus prayed that the Ao be directed to disposed off the rectification application filed and further, prayed to stay the balance outstanding demand the disposal of appeal. Ld. AR informed that the appeal Printed from counselvise.com SA No.56/Del/2026 Page | 2 against the assessment was filed on 23.01.2026 and allotted the appeal No. 22/Del/20226. 3. On the other hand, ld. Sr. DR vehemently opposed the granting of stay and submits that the rectification application has been filed very recently and therefore, AO should be allowed reasonable time to examine the same. 4. Heard the parties and perused the records before us. It is observed that rectification application is filed only on 23.01.2026 wherein one of the issues, is that addition of INR 9,26,389/- towards Income from Other Sources has taxed twice. Except this, the other issue is regarding incorrect allowance of brought forward unabsorbed losses however, when query was raised by the Bench, it is stated by Ld. AR that amount of brought forward losses has not yet been finally determined and the assessment/appeals for preceding assessment years to which such losses pertained, are yet to be finalized. 5. In view of above discussion, prima facie assessee has made a good case for granting the stay accordingly, we direct the assessee to deposit 20% of the outstanding demand as reduced by the amount of tax including surcharges, if any, Cess and interest payable on the addition of INR 9,26,389/-, being double addition as claimed, within a period of 30 days from the receipts of this order and the balance demand is stayed for a period of 180 days or till the disposal of the appeal whichever is earlier. Printed from counselvise.com SA No.56/Del/2026 Page | 3 6. In the result, the present Stay Application of the assessee is allowed in terms of the directions given herein above. Order pronounced in the open Court on 11.02.2026. Sd/- Sd/- (YOGESH KUMAR U.S) JUDICIAL MEMBER Date:- 11.02.2026 *Amit Kumar, Sr.P.S* (MANISH AGARWAL) ACCOUNTANT MEMBER Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT 6. Guard File ASSISTANT REGISTRAR ITAT, NEW DELHI Printed from counselvise.com "