GENERAL ELECTRIC COMPANY,UNITED STATES OF AMERICA V. ASSISTANT COMMISSIONER OF INCOME TAX (IT) -2(3)(2), MUMBAI

SA 122/MUM/2025

AI Insights

The case involves General Electric Company, a US-based entity, seeking an extension of stay on the recovery of an outstanding tax demand for the Assessment Year 2021-22. The initial stay was granted due to partial payment of the disputed demand and the ongoing adjournments requested by the Department, which delayed the hearing of the appeal. The Tribunal considered these factors and decided to extend the stay, emphasizing that the cause of delay was not due to the assessee but rather the Department's requests for adjournments.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 778536 (ITAT-MUMBAI)
• Duration Of Justice: 7 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 17-10-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2021-2022
• Appeal Filed On: 10-10-2025
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: KRISHNA KUMAR
• Keywords: Application of stay; Extension of stay
• Section: 2

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI SAKTIJIT DEY, VICE PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SA No. 122/Mum/2025 (Arising out of ITA No. 4573/Mum/2023) (Assessment Year: 2021-22) General Electric Company 1 Neumann Way, Evendale Hamilton Country, OH 45215-1915, USA Vs. Asst. CIT(IT), Circle-2(3)(2) Mumbai PAN/GIR No. AAACG 5399 M (Applicant) : (Respondent) Applicant by : Shri Sriram Seshadri a/w Ms. Chandani Shah & Ms. Riddhi Maru Respondent by : Shri Krishna Kumar (Sr. DR) Date of Hearing : 17.10.2025 Date of Pronouncement : 17.10.2025 O R D E R The captioned application has been filed by the assessee/applicant seeking extension of stay on recovery of outstanding demand of Rs.15,90,75,510/-, pertaining to the Assessment Year (A.Y. 2021-22). 2. We have heard the parties and perused the materials available on record. Notably, vide order dated 03.02.2025, in SA No. 33/Mum/2024, the co-ordinate Bench, having taken note of the fact that approximately 23% of the disputed demand for several years including the assessment year under dispute has been paid by the assessee, had granted stay for a period of 180 days or till the disposal of the corresponding appeal, whichever is earlier. It is further noted, though the appeal came up for hearing on earlier dates, however, on the request of the Department, it was adjourned from time to time and finally on 30.09.2024, Printed from counselvise.com 2 SA No. 122/Mum/2025 (A.Y.2021-22) General Electric Company vs. Asst. CIT(IT) while considering Department’s request for adjournment, the appeal was blocked for 6 months. Keeping in view the fact that the cause of delay in the disposal of the appeal is not attributable to the assessee, we are inclined to extend the stay for a further period of 180 days from the date of this order or till the disposal of the corresponding appeal, whichever is earlier. Further, we fix the appeal for hearing on 22.12.2025. 3. In the result, stay application is allowed. Order pronounced in the open court on 17.10.2025. Sd/- Sd/- (Vikram Singh Yadav) (Saktijit Dey) Accountant Member Vice President Mumbai; Dated : 17.10.2025 Roshani, Sr. PS Copy of the Order forwarded to : 1. The Appellant 2. The Respondent 3. CIT - concerned 4. DR, ITAT, Mumbai 5. Guard File BY ORDER, (Dy./Asstt. Registrar) ITAT, Mumbai Printed from counselvise.com "