ACIT, CC-26, New Delhi V. Nine Corporate Inceptions (P) Ltd.(formally known as M/s. SKM Creation Pvt. Ltd.), Delhi

ITA 226/DEL/2022

• Counselvise Citation: [2022] 106 COUNSELVISE.COM (IT) 1779 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 28 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 28-07-2022
• Appeal Filed By: Department
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2012-2013
• Appeal Filed On: 31-01-2022
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Keywords: Application of stay

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘I’ NEW DELHI BEFORE SHRI G.S. PANNU, PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER Stay Application No. 226/Del/2022 (In ITA No. 506/Del/2021) Assessment Year: 2016-17 STERIA (INDIA) LTD. Building No.4, SEA View SEZ, Plot No.20-21, Sector- 135, Gautam Budh Nagar, Noida (UP) PIN: 201304 Vs. NeAC, New Delhi. PAN :AAACX0385L (Appellant) (Respondent) ORDER PER SAKTIJIT DEY, JUDICIAL MEMBER: Captioned application has been filed by the assessee, seeking extension of stay on recovery of outstanding demand pertaining to assessment year 2016-17. Appellant by Shri Neeraj Jain,Adv & Ms. Shaily Gupta, CA Respondent by Shri Marinal Kumar Das, Sr. DR Date of hearing 29.07.2022 Date of pronouncement 29.07.2022 2 S.A.No.226/Del/2022 2. We have heard Shri Neeraj Jain, learned counsel for the assessee and Shri Marinal Kumar Das, learned Departmental Representative. 3. It is evident, while considering the earlier stay application of the assessee, the Tribunal vide order dated 21.01.2022 in S.A.No.246/Del/2021 had granted conditional stay to the assessee with the direction to deposit an amount of Rs.1,50,00,000 on or before 10.02.2022. It is evident, assessee has complied with the conditions of stay. 4. We are also convinced that the cause of non-disposal of the corresponding appeal cannot be attributed to the assessee, as, the appeal is getting adjourned due to pendency of assessee’s rectification application before the learned DRP. 5. Before us, learned counsel of the assessee has submitted that while disposing of assessee’s objection, the dispute resolution panel has failed to adjudicate on some of the issues raised by assessee for which rectification application has been filed by assessee, which is kept for hearing on 3 rd of August 2022. He has further submitted, notwithstanding the pendency of rectification application before learned DRP, the appeal can be argued before the Tribunal and the 3 S.A.No.226/Del/2022 assessee is ready and willing to argue the appeal before the Tribunal on the next date of hearing i.e. on 08.08.2022. 6. Considering the above, we are inclined to extend the stay granted earlier for a further period of 180 days from the date of this order, till disposal of corresponding appeal of the assessee whichever is earlier. 7. In the result, stay application is allowed. Order pronounced in the open court on 29 th July, 2022. Sd/- Sd/- ( G.S. PANNU ) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 29 th July, 2022. Mohan Lal Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi 4 S.A.No.226/Del/2022 Sl. No. Particulars Date 1. Date of dictation (Order drafted through Dragon software): 29.07.2022 2. Date on which the draft of order is placed before the Dictating Member: 01 .08.2022 3. Date on which the draft of order is placed before the other Member: 01.08.2022 4. Date on which the approved draft of order comes to the Sr. PS/PS: 02 .08.2022 5. Date of which the fair order is placed before the Dictating Member for pronouncement: 6. Date on which the final order received after having been singed/pronounced by the Members: 02 .08.2022 7. Date on which the final order is uploaded on the website of ITAT: 03.08.2022 8. Date on which the file goes to the Bench Clerk 03.08.2022 9. Date on which files goes to the Head Clerk: 10. Date on which file goes to the Assistant Registrar for signature on the order: 11. Date of dispatch of order: