HONDA MOTORCYCLE AND SCOOTER INDIA PRIVATE LIMITED,GURGAON V. ACIT CIRCLE 1(1) , GURGAON

SA 341/DEL/2024

AI Insights

The case involves M/s Honda Motorcycle and Scooter India Private Limited, which filed a stay application against the recovery of an outstanding tax demand for the assessment year 2020-21. The demand was significant, amounting to \\u20b9201,07,13,880. During the proceedings, it was revealed that a rectification order had been passed by the Assessing Officer, resulting in a refund determination of Rs.25,75,68,630. This development led the assessee to withdraw the stay application, seeking instead an expedited hearing for the related appeal. The Tribunal, acknowledging the change in circumstances and the request for an early hearing, dismissed the stay application as withdrawn and scheduled the appeal for a future date.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 471474 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 13 day(s)
• Appeal Type: Others
• Pronouncement Date: 11-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: I
• Next Hearing Date: 11-10-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 28-08-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: AMIT KATOCH; SENIOR
• Assessee Lawyers: DEEPAK CHOPRA
• Keywords: Rectification of order; Application of stay

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY FRIDAY FRIDAY FRIDAY BENCH BENCH BENCH BENCH- - - -I I I I : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE BEFORE BEFORE BEFORE SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN , , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER Stay Application No. Stay Application No. Stay Application No. Stay Application No.341 341 341 341/Del/2024 /Del/2024 /Del/2024 /Del/2024 (In ITA No.3958 (In ITA No.3958 (In ITA No.3958 (In ITA No.3958/Del/2024) /Del/2024) /Del/2024) /Del/2024) Assessment Yea Assessment Yea Assessment Yea Assessment Year r r r : 2020 : 2020 : 2020 : 2020- - - -21 21 21 21 M/s Honda Motorcycle and M/s Honda Motorcycle and M/s Honda Motorcycle and M/s Honda Motorcycle and Scooter India Private Limited, Scooter India Private Limited, Scooter India Private Limited, Scooter India Private Limited, Plot No.1 & 2, Sector Plot No.1 & 2, Sector Plot No.1 & 2, Sector Plot No.1 & 2, Sector- - - -3, 3, 3, 3, IMT Manesar, Manesar, IMT Manesar, Manesar, IMT Manesar, Manesar, IMT Manesar, Manesar, Kasan, Gurgaon Kasan, Gurgaon Kasan, Gurgaon Kasan, Gurgaon – – – – 122 050, 122 050, 122 050, 122 050, Haryana. Haryana. Haryana. Haryana. PAN : AAACH7467D. PAN : AAACH7467D. PAN : AAACH7467D. PAN : AAACH7467D. Vs. Vs. Vs. Vs. Assistant Commissioner of Assistant Commissioner of Assistant Commissioner of Assistant Commissioner of Income Tax, Income Tax, Income Tax, Income Tax, Circle Circle Circle Circle- - - -1(1), 1(1), 1(1), 1(1), Gurgaon. Gurgaon. Gurgaon. Gurgaon. (Appellant) (Respondent) Appellant by : Shri Deepak Chopra and Ms. Mansvini Bajpai, Advocates. Respondent by : Shri Amit Katoch, Senior DR. Date of hearing : 11 11 11 11.10 .10 .10 .10.2024 .2024 .2024 .2024 Date of pronouncement : 11 11 11 11. . . .10 10 10 10.2024 .2024 .2024 .2024 ORDER ORDER ORDER ORDER Per Saktijit Dey, Vice Per Saktijit Dey, Vice Per Saktijit Dey, Vice Per Saktijit Dey, Vice Presid Presid Presid President ent ent ent : : : : Captioned application has been filed by the assessee seeking stay on the recovery of outstanding demand of `201,07,13,880- for the assessment year 2020-21. 2. At the time of hearing, learned counsel for the assessee submitted that rectification application filed by the assessee has been acted upon by the Assessing Officer and he has passed a rectification order on 3rd October, 2024, wherein a refund of Rs.25,75,68,630/- has been determined. Thus, he submitted that the stay application, for all practical purposes, has become infructuous and hence, sought leave to withdraw the same. However, he requested for fixing an early date of hearing of the appeal. 3. We have heard both parties. In view of the submissions made by the learned counsel for the assessee, the stay application is dismissed as Stay – 341/Del/2024 2 withdrawn. Acceding to assessee’s request, which was not objected to by the learned DR, we direct the Registry to fix the appeal for hearing on 27th January, 2025 on an out of turn basis. Paper books, if any, must be filed by the parties sufficiently in advance of the date of hearing. Since the date of hearing was announced in the open Court, no further notice of hearing would be issued to the parties. 4. In the result, the stay application of the assessee is dismissed. Above decision was pronounced in the open Court on 11th October, 2024 on conclusion of hearing. Sd/- Sd/- ( ( ( (S. RIFAUR RAHMAN S. RIFAUR RAHMAN S. RIFAUR RAHMAN S. RIFAUR RAHMAN) ) ) ) (SAKTIJIT DEY (SAKTIJIT DEY (SAKTIJIT DEY (SAKTIJIT DEY) ) ) ) ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT Assistant Registrar "