HONDA R& D (INDIA) PRIVATE LIMITED,GURGAON V. DCIT,CIRCLE-10(1), DELHI

SA 268/DEL/2025

AI Insights

The case involves M/s Honda R & D (India) Pvt. Ltd., which filed a stay application against the recovery of an outstanding demand of Rs. 6,97,87,640 for the assessment year 2021-22. The Tribunal had previously granted a stay on the condition that the assessee deposits 20% of the demand, which was duly complied with. The stay application sought an extension of the stay, citing unchanged circumstances since the original stay was granted. The Departmental Representative opposed the extension. However, the Tribunal, after considering the compliance and the lack of change in circumstances, decided to extend the stay.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 313940 (ITAT-DELHI)
• Appeal Type: Stay Application
• Pronouncement Date: 09-05-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2021-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: ABHISHEK DEVAL
• Assessee Lawyers: PARTH
• Keywords: Application of stay
• Section: 2

Judgement Text

"1 SA No. 268/Del/2025 (In ITA No. 4930/Del/2024) A.Y. 2021-22 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘I’: NEW DELHI) BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI SUDHIR PAREEK, JUDICIAL MEMBER SA No. 268/Del/2025 (In ITA no. 4930/Del/2024) Assessment Year.: 2021-22 M/s Honda R & D (India) Pvt. Ltd., Technical Centre, Plot No. 2, Sector-03, Manesar, Gurgaon, Haryana-122050. v. DCIT, Circle-10(1), Delhi. PAN No: AABCH 3071 N APPLICANT RESPONDENT Assesseeby : Shri Parth, Adv. Revenue by : Shri Abhishek Deval, Sr. DR Date of Hearing :09.05.2025 Date of Pronouncement :09.05.2025 ORDER PER RAMIT KOCHAR, AM: The assessee has filed this stay application in SA No. 268/Del/2025 which has arisen from ITA no. 4930/Del/2024 for assessment year 2021-22, seeking extension on stay on recovery of the outstanding demand of Rs. 6,97,87,640/-(out of which Rs. 1,39,57,528/- stood deposited on 11.12.2024).It is the say of the learned counsel for the assessee that the Tribunal had originally granted stay on recovery of the outstanding demand vide order dated 8.11.2024 in SA No. 430/Del/2024arising out of 2 SA No. 268/Del/2025 (In ITA No. 4930/Del/2024) A.Y. 2021-22 ITA no. 4930/Del/2024 for assessment year 2021-22, on the condition that the assessee deposits 20% of the outstanding demand on or before 15.12.2024. It is the say of the learned counsel for the assessee that the assessee has duly complied with the direction of the Bench dated 8.11.2024, andour attention was drawn to the challan for Rs. 1,39,57,528/- deposited by the assessee with the Treasury vide CIN 24121100097303ICIC( Bank Reference No. 2033624501 – BSR Code 6390009) (placed in stay application at page 48). It was submitted that the facts and circumstances have remained same as prevailed at the time of grant of original stay on recovery of the outstanding demand by the Tribunal, vide order dated 8.11.2024 in SA No. 430/Del/2024. He prayed that the stay on recovery of outstanding demand should be granted for a further period of 180 days or till the disposal of appeal, whichever is earlier. Our attention was drawn to the contentions made by the assessee which are recorded by the Tribunal vide para 2 of the said stay order dated 8.11.2024 for seeking the stay on the recovery of the outstanding demand ,wherein the ld counsel for the assesseesubmitted that entire factual matrix surrounding the case was duly considered by the Tribunal and then stay on recovery of the outstanding demand was granted subject to deposit of 20% of the outstanding demand.It is prayed that the stay on recovery of the outstanding demand may be extended. 2. Learned DR opposed the application for stay on the recovery of the outstanding demand. 3.After hearing both the parties and perusing the material on record, we are of the considered view that the assessee was originally granted stay on recovery of the outstanding demand by the Tribunal vide order dated 8.11.2024 in SA No. 430/Del/2024 arising out of ITA no. 4930/Del/2024 for assessment year 2021-22, on the condition that 20% of the outstanding demand be deposited on or before 3 SA No. 268/Del/2025 (In ITA No. 4930/Del/2024) A.Y. 2021-22 15.12.2024. The assessee has duly complied with the directions of the Tribunal by depositing the amount with Treasury of Rs. 1,39,57,528/- vide challan dated 11.12.2024, which is placed on record at page 48 of the stay application. After the grant of the aforesaid stay on recovery of the outstanding demand, the assessee’s corresponding appeal was fixed for hearing before the Bench on 3.2.2025 when it was adjourned by the Bench to 24.3.2025 for want of time. On 24.3.2025, the Bench sought the compliance report on the conditions imposed by the Tribunal for stay on recovery of outstanding demand and the matter was adjourned to 17.4.2025. On 17.4.2025 ,the Bench did not function. We have observed that circumstances have not changed since the grant of original stay on recovery of the outstanding demand by the Tribunal, vide order dated 8.11.2024 in SA No. 430/Del/2024 and no fault can be attributable to the assessee with respect to any delay in adjudication of the appeal for the impugned assessment year. Under these facts andcircumstances, we are inclined toextend the stay on recovery of the outstanding demand for A.Y. 2021-22 for a further period of 180 days or till disposal of the corresponding appeal, whichever is earlier. 4. In the result, stay application in SA No. 268/Del/2025 is allowed in the manner as indicated in this order Order pronounced in the open court on 09thMay, 2025. Sd/- Sd/- (SUDHIR PAREEK) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 13.05.2025. 4 SA No. 268/Del/2025 (In ITA No. 4930/Del/2024) A.Y. 2021-22 *MPV* Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. DRP 5. DR 6. Guard File Asst. Registrar, ITAT, New Delhi "