Delhi Transco Ltd., New Delhi V. ACIT, circle-7(1), New Delhi

ITA 256/DEL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 8482 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 10-07-2020
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: B
• Assessment Year: 2014-2015
• Appeal Filed On: 13-01-2020
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: RAKESH GUPTA
• Keywords: Application of stay
• Section: 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY-A: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI G. S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER S.A. NO.254/DEL/2020 ARISING OUT OF ITA NO.1170/DEL/2020 (ASSESSMENT YEAR-2017-18) JINDAL FITTINGS LTD. 28, NAJAFGARH RAOD, NEW DELHI-110015 PAN AACCJ 5987E VS. DY. CIT, CIRCLE-13(2), NEW DELHI. (APPELLANT) (RESPONDENT) S.A. NO.255/DEL/2020 ARISING OUT OF ITA NO.1171/DEL /2020 (ASSESSMENT YEAR-2017-18) JINDAL QUALITY TUBULAR LTD. 28, NAJAFGARH RAOD, NEW DELHI-110015 PAN AADCJ 6035G VS. DY. CIT, CIRCLE-13(2), NEW DELHI. (APPELLANT) (RESPONDENT) S.A. NO.256/DEL/2020 ARISING OUT OF ITA NO.1173/DEL/20 (ASSESSMENT YEAR-2017-18) J ITF URBAN INFRASTRUCTURE SERVICES LTD. 28, SHIVAJI MARG, WEST DELHI, P.O. RAMESH NAGAR, DELHI:110015 PAN AACCJ 4785G VS. DY. CIT, CIRCLE-13(2), NEW DELHI. (APPELLANT) (RESPONDENT) 2 SA NOS.254, 255 & 256 /DEL/2020 (ASST. YEAR: 2017-18) APPELLANT BY SH. V.K. BINDAL, CA RESPONDENT BY SH. RAKESH GUPTA, SR.DR DATE OF HEARING 10.07.2020 DATE OF PRONOUNCEMENT 10.07.2020 ORDER PER SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER: THESE STAY APPLICATIONS PERTAIN TO ASSESSMENT YEAR: 2017-18 IN THE CASE OF CAPTIONED THREE ASSESSEE COMPANIES. IN STAY APPLICATION NO.254/DEL/2020, THE APPLICANT SEEKS ST AY OF OUTSTANDING DEMAND OF 107.53 CRORES, IN STAY APPLIC ATION NO.255/DEL/2020, THE APPLICANT SEEKS STAY OF OUTSTA NDING DEMAND OF 21.01 CRORES AND IN STAY APPLICATION NO.256/DEL/ 2020, THE APPLICANT SEEKS STAY OF OUTSTANDING DEMAND OF 201.2 6 CRORES. 2.0 THE LD. AUTHORIZED REPRESENTATIVE (AR) SOUG HT TO ESTABLISH THAT PRIMA FACIE THE ISSUES WERE COVERED IN FAVOUR OF THE ASSESSEES/APPLICANTS. 3.0 THE LD. SR. DR, PER CONTRA, ARGUED THAT EA CH CASE HAS TO BE DECIDED ON ITS OWN PECULIAR FACTS AND APPARENTLY THE APPEALS WERE NOT COVERED IN ASSESSES FAVOUR AS BEING CLAIME D BY THE LD. AR. 3 SA NOS.254, 255 & 256 /DEL/2020 (ASST. YEAR: 2017-18) THE LD. SR. DR SUBMITTED THAT THE STAYS COULD BE GR ANTED SUBJECT TO THE DEPOSIT OF 20% OF THE OUTSTANDING TOTAL DEMA ND TO WHICH THE LD. AR SUBMITTED THAT THE ASSESSEES DID NOT HAVE SU FFICIENT FUNDS TO DEPOSIT ANY PORTION OF THE DEMAND. 4.0 HAVING HEARD BOTH THE PARTIES AND LOOKING INTO THE FACTS OF THE CASE, IT IS OUR CONSIDERED OPINION THAT THESE S TAY PETITIONS DO NOT DESERVE TO BE ALLOWED WITHOUT SOME PRE-DEPOSIT. ACCORDINGLY, WE DEEM IT FIT TO REFUSE GRANT OF STAYS. HOWEVER, LOOK INTO THE FACTS OF THE CASE, WE DEEM IT FIT THAT EARLY HEARING MAY BE G RANTED IN THE CASE OF ALL THE THREE APPEALS. ACCORDINGLY, WITH THE CONSENT OF BOTH THE PARTIES, THESE APPEALS ARE FIXED FOR HEARING ON 5 TH AUGUST, 2020. THE REGISTRY IS DIRECTED TO LIST THESE APPEALS FOR HEARING ACCORDINGLY. THE ISSUANCE OF NOTICES IS DISPENSED WITH AS THE DAT E OF HEARING WAS PRONOUNCED IN OPEN COURT. 5.0 IN THE FINAL RESULT, THE STAY PETITIONS STA ND REJECTED. ORDER PRONOUNCED IN OPEN COURT ON 10/07/2020. SD/- SD/- (G.S.PANNU) (SUDHANSHU SRIVASTAVA) VICE PRESIDENT JUDICIAL MEMBER DATED: 10/07/2020 PK/PS 4 SA NOS.254, 255 & 256 /DEL/2020 (ASST. YEAR: 2017-18) COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI