GOODYEAR INDIA LIMITED,HARYANA V. ACIT (OSD), CIRCLE 10(1), DELHI

SA 101/DEL/2026

AI Insights

In the case before the Income Tax Appellate Tribunal, Goodyear India Limited filed a stay application against the recovery of an outstanding demand amounting to Rs. 30,31,49,465 for the Assessment Year 2022-23. The Assessee argued that some of the additions made by the Revenue were already covered in their favor in previous years' cases (2007-08 to 2014-15), suggesting a precedent that supported their position. The Department opposed the stay, recommending that the Assessee deposit 20% of the total outstanding demand. After considering the arguments and the balance of convenience, the Tribunal decided to grant the stay, emphasizing the prima-facie case made by the Assessee and the precedents set in earlier years.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 840554 (ITAT-DELHI)
• Duration Of Justice: 7 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 24-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2022-2023
• Appeal Filed On: 17-02-2026
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: AMIT KUMAR SINGH
• Assessee Lawyers: NEERAJ JAIN; RAMIT KATIYAL
• Keywords: Application of stay

Judgement Text

" IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: ‘H’ NEW DELHI BEFORE SHRI YOGESH KUMAR U.S, JUDICIAL MEMBER AND SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER S. A NO. 101/Del/2026 in (IT(TP)A 71/Del/2026 ( A.Y 2022-23) Goodyear India Limited Mathura Road, Ballabhgarh, Faridabad-121004 PAN: AAACG3511H (APPLICANT) Vs ACIT (OSD) Circle 10(1) C. R. Building New Delhi (RESPONDENT) ORDER PER YOGESH KUMAR, U.S. JM: By way of the present Stay Application, Assessee sought for Stay of recovery of outstanding demand aggregating to Rs. 30,31,49,465/-. 2. The Ld. Counsel submitted that some of the additions made by the Revenue are squarely covered in Assessee’s own case for Assessment Year 2007-08 to 2014-15 and the balance of convenience lies in favour of the Assessee. Thus, sought for granting Stay of outstanding demand. 3. Per contra, the ld. Department's Representative representing the Department strongly opposed the Stay Application and prayed for directing the Assessee to deposit 20% of total outstanding demand. Appellant by Mr.Neeraj Jain, Adv, Mr.Ramit Katiyal, CA, Mr. Dhruv Seth, Adv & Ms.Mansha Bhalla, CA Respondent by Sh. Amit Kumar Singh, Sr. DR Date of Hearing 20.02.2026 Date of Pronouncement 24.02.2026 Printed from counselvise.com 4. We have heard the parties and perused the material. Considering the contentions raised by the Assessee that some of the grounds raised in the Appeal are squarely covered in favour of the Assessee in the orders of the Tribunal pertaining to previous Assessment Years, as the balance of convenience lies in favour of the Assessee as the Assessee has made out prima-facie case for grant of stay, we hereby grant the stay of recovery on outstanding demand for a period of 180 days or till disposal of Appealwhichever is earlier subject to the Assessee paying 10% of the amount of outstanding demand to the Department within 15 days from the receipt of this order. 5. In the result, stay application filed by the assessee is allowed. Order pronounced in the Open Court on this 24th Day of February, 2026. Sd/- Sd/- (NAVEEN CHANDRA) (YOGESH KUMAR U.S.) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 24/02/2026 R. Naheed * Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Printed from counselvise.com Printed from counselvise.com "