INDUCTIS (INDIA) PVT LTD,DELHI V. DCIT, CIRCLE-10(1), DELHI

SA 346/DEL/2025

AI Insights

The case involves Inductis (India) P. Ltd., the applicant, seeking an extension of stay on the recovery of an outstanding demand for the Assessment Year 2021-22. Initially, a stay was granted for 180 days, which was set to expire. The applicant contested the validity of the assessment order on the grounds of limitation, referencing a decision in CIT vs. M/s. Roca Bathroom Products P. Ltd., which was pending before the Supreme Court. The Tribunal had previously adjourned the appeal sine die and directed the Assessing Officer to ensure no recovery proceedings were initiated until the Supreme Court's decision. The Assessing Officer complied by issuing an order to this effect, leading to the disposal of the Stay Application.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 826608 (ITAT-DELHI)
• Duration Of Justice: 6 month(s)
• Appeal Type: Stay Application
• Pronouncement Date: 09-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2021-2022
• Appeal Filed On: 09-07-2025
• Other Referred Cases: CIT vs. M/s. Roca Bathroom Products P. Ltd. 140 taxmann.com 304 (Mad.)
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR
• Keywords: Application of stay; Extension of stay
• Section: 2

Judgement Text

" आयकर अपीलीय अधिकरण धिल्ली पीठ “आई”, धिल्ली श्री धिकास अिस्थी, न्याधयक सिस्य एिं श्रीमती रेनू जौहरी, लेखाकार सिस्य क े समक्ष IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SMT. RENU JAUHRI, ACCOUNTANT MEMBER SA No.346/Del/2025 (Arising out of ITA No.5762/Del/2024, A.Y 2021-22) Inductis (India) P. Ltd., PAN: AAACI-8497-C ...... आवेदक/Applicant बनाम Vs. Deputy Commissioner of Income Tax, Circle 10(1), New Delhi ..... प्रतिवादी/Respondent आवेदक/Applicant : Ms. Mansha Bhalla, Chartered Accountant प्रधतिािीद्वारा/Respondent by : Shri Manoj Kumar, Sr. DR सुनवाई की तिथि/ Date of hearing : 09/01/2026 घोषणा की तिथि/ Date of pronouncement : 09/01/2026 आदेश/ORDER PER VIKAS AWASTHY, JM: This application has been filed by the applicant/assessee seeking extension of stay on the recovery of outstanding demand for Assessment Year 2021-22. 2. The benefit of stay was allowed to the assessee in SA No. 4/Del/2025 vide order dated 10.01.2025 for a period of 180 days. One of the ground raised by the assessee in appeal is assailing validity of the assessment order on the ground of limitation. The said ground emanates from the decision rendered in the case of CIT vs. M/s. Roca Bathroom Products P. Ltd. 140 taxmann.com 304 (Mad.). Since, the said issue is now sub-judice before the Hon’ble Supreme Court of India, the Department was seeking repeated Printed from counselvise.com 2 SA No.346/DEL/2025 adjournments. Therefore, the appeal could not be taken up for hearing. The Tribunal vide order dated 10.09.2025 adjourned the appeal sine die. 3. In the back drop of above facts, the Assessing Officer (AO) was directed by the Tribunal vide zimni order dated 18.07.2025 to furnish an undertaking that no proceedings for recovery of outstanding demand for the impugned assessment year shall be undertaken till the time the matter is sub-judice before the Hon’ble Supreme Court of India. In compliance of the said order, the AO has passed the following order on 24.11.2025:- Printed from counselvise.com 3 SA No.346/DEL/2025 4. The present Stay Application of the assessee is disposed of in light of the above order passed by the AO. Order pronounced in the open court on Friday the 09th day of January, 2026. Sd/- Sd/- (RENU JAUHRI) (VIKAS AWASTHY) लेखाकार सदस्य/ACCOUNTANT MEMBER न्यायिक सदस्य/JUDICIAL MEMBER धिल्ली / Delhi, ददनाांक/Dated 09/01/2026 NV/- प्रतिलिपि अग्रेपििCopy of the Order forwarded to : 1. अपीलािी/The Appellant , 2. प्रतिवादी/ The Respondent. 3. The PCIT/CIT(A) 4. ववभागीय प्रतितनथि, आय.अपी.अथि., यदल्ली /DR, ITAT, धिल्ली 5. गार्ड फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar) ITAT, DELHI Printed from counselvise.com "