Ahuja And Anand Hotels Private Limited, New Delhi V. DCIT Central Circle-I, Noida

ITA 350/DEL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 1687 (ITAT-DELHI)
• Duration Of Justice: 10 month(s) 17 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2015-2016
• Appeal Filed On: 20-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SHIV SWAROOP SINGH
• Keywords: Application of stay; Extension of stay
• Section: 201

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH A NEW DELHI BEFORE SHRI G.S. PANNU, VICE PRESIDENT AND SHRI AMIT SHUKLA, JUDICIAL MEMBER THROUGH VIDEO CONFERENCING S.A. NO.350/DEL/2020 ARISING OUT OF I.T .A. NO. 9073 /DEL/20 1 9 ASSESSMENT YEAR S : 201 5 - 1 6 HONDA MORTORCYCLE & SCOOTER INDIA PVT. LTD., COMMERCIAL COMPLEX-II, SEC- 49-50, GOLF COURSE ROAD, EXTENSION ROAD, GURGAON, HARYANA. V. DCIT, CIRCLE-2(1), NEW DELHI. TAN/PAN: AAACH7467D (APPELLANT) (RESPONDENT) APPELLANT BY: SHRI DEEPAK CHOPRA, ADV. & SHRI MANASWINI BAJPAI, ADV. RESPONDENT BY: SHRI SHIV SWAROOP SINGH, SR.D.R. DATE OF HEARING: 07 12 2020 DATE OF PRONOUNCEMENT: 07 12 2020 O R D E R PER AMIT SHUKLA, JUDICIAL MEMBER: BY WAY OF AFORESAID STAY APPLICATION, THE APPLICANT - ASSESSEE SEEKS FOR EXTENSION OF STAY OF DEMAND GRAN TED EARLIER BY THE TRIBUNAL FROM TIME TO TIME. 2. LD. COUNSEL INFORMED THAT ASSESSEE HAS ALREADY C OMPLIED WITH THE DIRECTION OF THE TRIBUNAL FOR DEPOSITING S UM OF RS.15 CRORES TOWARDS OUTSTANDING DEMAND. SHE FURTHER POIN TED OUT THAT ISSUE INVOLVED IN THE APPEAL ARE NOW SQUARELY COVERED BY THE ITAT ORDER FOR ASSESSMENT YEARS 2013-14 AND 201 4-15 PASSED IN ITAS NO.7463 AND 7464/DEL/2018 WHICH WERE S.A. NO.350/DEL/2020 2 PRONOUNCED ON 30.09.2020. NOW THE PRESENT APPEAL IS FIXED FOR HEARING ON 4 TH JANUARY, 2021, THEREFORE, IN THESE CIRCUMSTANCES THE STAY SHOULD BE EXTENDED FOR A PERIOD OF SIX MON THS. 3. ON THE OTHER HAND, LD. DR OBJECTED FOR EXTENSION OF STAY. 4. AFTER CONSIDERING THE AFORESAID SUBMISSIONS AND ON PERUSAL OF THE IMPUGNED STAY APPLICATION, IT IS SEE N THAT ASSESSEE WAS GRANTED STAY SUBJECT TO PAYMENT OF RS. 15 CRORES AND THE BALANCE DEMAND WAS STAYED. LOOKING TO THE PRIMA FACIE CASE THAT THE EARLIER YEAR ORDERS OF THE TRIBUNAL H AVE BEEN PRONOUNCED AND PRESENT APPEAL IS FIXED FOR HEARING ON 4 TH JANUARY, 2021, THEREFORE, IN THESE CIRCUMSTANCES ST AY GRANTED EARLIER IS EXTENDED FOR THE FURTHER PERIOD OF SIX M ONTHS OR TILL PASSING OF THE ORDER, WHICHEVER IS EARLIER. BOTH PA RTIES INFORMED IN THE OPEN COURT THROUGH VIDEO CONFERENCING. ACCOR DINGLY, STAY APPLICATION FILED BY THE ASSESSEE IS ALLOWED. 5. IN RESULT, THE PRESENT STAY APPLICATION OF THE A SSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 7 TH DECEMBER, 2020 [G.S. PANNU] [AMIT SHUKLA] VICE PRESIDENT JUDICIAL MEMBER DATED: 7 TH DECEMBER, 2020 PKK