Rajdeep, New Delhi V. ITO WARD - 37(4), New Delhi

ITA 354/DEL/2020

• Counselvise Citation: [2020] 110 COUNSELVISE.COM (IT) 0285 (ITAT-DELHI)
• Duration Of Justice: 11 month(s) 3 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 24-12-2020
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2011-2012
• Appeal Filed On: 20-01-2020
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M BARNWAL
• Keywords: Application of stay; Extension of stay
• Section: 6; 2

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH F: NEW DELHI (THROUGH VIDEO CONFERENCING) BEFORE, SHRI G. S. PANNU, VICE PRESIDENT AND SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER S.A. NO.355/DEL/2020 ARISING OUT OF ITA NO.6 838/DEL/2017 (ASSESSMENT YEAR-2012-13) L G ELECTRONICS INDIA PVT. LTD. PLOT NO.51, UDYOG VIHAR, SURAJPUR KASNA ROAD, GREATER NOIDA, GAUTAM BUDH NAGAR, UTTAR PRADESH. PAN:AAACL 1745Q VS. ADDL. CIT, SPECIAL RANGE-5, NEW DELHI. (APPELLANT) (RESPONDENT) S.A. NO.354/DEL/2020 ARISING OUT OF ITA NO. 991/DEL/2016 (ASSESSMENT YEAR-2011-12) L G ELECTRONICS INDIA PVT. LTD. A WINGH, THIRD FLOOR, D-3, DISTRICT CENTER, SAKET, NEW DELHI- 110017 PAN:AAACL 1745Q VS. DY CIT, CIRCLE-2, NOIDA. (APPELLANT) (RESPONDENT) 2 SA NOS.354 TO 357 & 375/DEL/2020 S.A. NO.356/DEL/2020 ARISING OUT OF ITA NO. 7424/DEL/2018 (ASSESSMENT YEAR-2013-14) L G ELECTRONICS INDIA PVT. LTD. D-3, P3B, A-WING (3 RD FLOOR), RELIGARE BUILDING, DISTRICT CENTER SAKET, NEW DELHI- 110017. PAN:AAACL 1745Q VS. ADDL. CIT, SPECIAL RANGE-5, NEW DELHI. (APPELLANT) (RESPONDENT) S.A. NO.357/DEL/2020 ARISING OUT OF ITA NO. 9000/DEL/2019 (ASSESSMENT YEAR- 2014-15) L G ELECTRONICS INDIA PVT. LTD. D-3, P3B, A-WING (3 RD FLOOR), RELIGARE BUILDING, DISTRICT CENTER SAKET, NEW DELHI- 110017. PAN:AAACL 1745Q VS. DY. CIT, CIRCLE-15(2), NEW DELHI. (APPELLANT) (RESPONDENT) S.A. NO.375/DEL/2020 ARISING OUT OF ITA NO. 755/DEL/2015 (ASSESSMENT YEAR-2010-11) 3 SA NOS.354 TO 357 & 375/DEL/2020 L G ELECTRONICS INDIA PVT. LTD. PLOT NO.51, UDYOG VIHAR, SURAJPUR KASNA ROAD, GREATER NOIDA, GAUTAM BUDH NAGAR, NOIDA, UTTAR PRADESH. PAN:AAACL 1745Q VS. ADDL. CIT, CIRCLE-2, NOIDA, UTTAR PRADESH. (APPELLANT) (RESPONDENT) APPELLANT BY SH. AJAY VOHRA, SR. ADV. SH. NEERAJ JAIN, ADV. RESPONDENT BY SH. M. BARNWAL, SR.DR DATE OF HEARING 24.12.2020 DATE OF PRONOUNCEMENT 24.12.2020 ORDER PER SUDHANSHU SRIVASTAVA, JM: THESE STAY APPLICATIONS FOR THE CAPTIONED ASSESSMEN T YEARS SEEK EXTENSION OF STAYS ALREADY GRANTED. THE LD. AUTHORIZED REPRESENTATIVE (AR) HAS SUBMITTED A CHART DEPICTING THE TOTAL DEMAND OUTSTANDING AFTER EXCLUDING THE ISSUES COVER ED IN FAVOUR OF THE ASSESSEE BY EARLIER ORDERS OF THIS TRIBUNAL AND AMOUNTS PAID AGAINST SUCH DEMANDS PURSUANT TO THE DIRECTIONS OF THIS TRIBUNAL. THE LD. AUTHORIZED REPRESENTATIVE SUBMITTED THAT AS AGAINST THE OUTSTANDING DEMANDS, EXCLUDING COVERED ISSUES, FOR ASSESSMENT 4 SA NOS.354 TO 357 & 375/DEL/2020 YEARS 2011-12, 2012-13 AND 2013-14, THE ASSESSEE HA S DEPOSITED RS. 10 CRORES EACH WHEREAS FOR ASSESSMENT YEAR 2014- 15 THE ASSESSEE HAS DEPOSITED RS. 15 CRORES. IT IS THE SUB MISSION OF THE LD. AUTHORIZED REPRESENTATIVE THAT, THUS, APPROXIMA TELY 20% OF THE DEMAND HAS BEEN DEPOSITED AFTER EXCLUDING THE COVER ED ISSUES. IT IS FURTHER SUBMITTED BY THE LD. AUTHORIZED REPRESENTAT IVE THAT THE DELAY IN DISPOSAL OF THESE APPEALS COULD NOT BE ATT RIBUTED TO ANY DEFAULT OR DELAY ON THE PART OF THE ASSESSEE AND IT WAS ALSO SUBMITTED THAT RATHER IT IS THE DEPARTMENT WHO HAS B EEN SEEKING ADJOURNMENTS FROM TIME TO TIME WHICH RESULTED IN TH E HEARING OF THE APPEALS NOT BEING CONCLUDED. THE LD. AUTHORIZED REP RESENTATIVE PRAYED THAT THE STAYS GRANTED EARLIER MAY BE EXTEND ED. 2.0 PER CONTRA, THE LD. SR. DEPARTMENTAL REPRESENT ATIVE (DR) SUBMITTED THAT SINCE THE APPEALS ARE NOW LISTED FOR HEARING ON 21 ST JANUARY, 2021 INTERIM PROTECTION MAY BE GRANTED TO THE ASSESSEE TILL THAT DATE. IN THE ALTERNATIVE, IT WAS SUBMITTED BY THE LD. SR. DR THAT THE ASSESSEE BE REQUIRED TO DEPOSIT A FURTHER 20% OF THE OUTSTANDING DEMAND. 5 SA NOS.354 TO 357 & 375/DEL/2020 3.0 HAVING HEARD BOTH THE PARTIES, AND AFTER HAVIN G PERUSED THE RECORDS BEFORE US, IT IS SEEN THAT THE ASSESSEE HAS ALREADY DEPOSITED APPROXIMATELY 20% OF THE DEMAND AFTER EXC LUDING THE ISSUES COVERED IN FAVOUR OF THE ASSESSEE. IT IS ALS O SEEN FROM THE RECORDS THAT THE DELAY IN DISPOSAL OF THESE APPEALS CANNOT BE ATTRIBUTED TO ANY DELAY OR DEFAULT ON THE PART OF T HE ASSESSEE. THERE IS NO CHANGE IN THE FACTUAL MATRIX OF THE CASE SINC E THE STAYS WERE INITIALLY GRANTED. WE ALSO NOTE THAT THE ASSESSEE H AS DULY COMPLIED WITH THE DIRECTIONS OF THIS TRIBUNAL AND HAS DEPOSIT ED 45 CRORES TOWARDS THE OUTSTANDING DEMAND FOR THE CAPTIONED ASS ESSMENT YEARS. IN SUCH A SITUATION, WE ARE UNABLE TO AGREE WITH THE SUBMISSIONS OF THE LD. SR. DR THAT THE ASSESSEE SHO ULD BE REQUIRED TO DEPOSIT SOME MORE AMOUNT TOWARDS THE OUTSTANDING DEMAND. WE DEEM IT A FIT CASE FOR EXTENSION OF DEMAND FOR A PE RIOD OF 180 DAYS OR THE DISPOSAL OF THE APPEALS WHICHEVER OCCURS EARL IER SUBJECT TO THE CAVEAT THAT THE ASSESSEE SHALL NOT SEEK ANY UND UE ADJOURNMENT WHEN THESE APPEALS COME UP FOR HEARING. 6 SA NOS.354 TO 357 & 375/DEL/2020 4.0 IN THE FINAL RESULT, ALL THE STAY APPL ICATIONS STAND ALLOWED. ORDER PRONOUNCED ON 24/12/2020. SD/- SD/- (G.S.PANNU) (SUDHANSHU SRIVASTAVA) VICE PRESIDENT JUDICIAL ME MBER DATED: 24/12/2020 PK/PS COPY FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT 4. CIT(APPEALS) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI