GE Nuovo Pignone SPA, Gurgaon V. DCIT (International Taxation), Circle-1(3)(1), New Delhi

ITA 6893/DEL/2017

• Counselvise Citation: [2019] 112 COUNSELVISE.COM (IT) 1234 (ITAT-DELHI)
• Duration Of Justice: 2 year(s) 27 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 13-12-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: E
• Assessment Year: 2010-2011
• Appeal Filed On: 16-11-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SARAS KUMAR
• Assessee Lawyers: VASUDEVAN G
• Keywords: Application of stay; Extension of stay
• Section: 48; 13

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY: NEW DELHI .., , , BEFORE SH. G.S. PANNU, V.P. & SH. SUSHMA CHOWLA, J M /S.A. NO.- 1097/DEL/2019 IN / IN ITA NO:-6893/DEL/2017 ! ! ! ! / ASSESSMENT YEAR: 2010-11 NUOVO PIGNONE SPA C/O, 6 TH FLOOR, BUILDING 7A, ............. ' /APPELLANT STANDARD CHARTERED BUILDING, DLF CYBER CITY, PHASE-III, GURGAON, HARYANA-122002 PAN-AABCG3212A VS DCIT (INTNL TAXATION), . #$' / RESPONDENT CIRCLE-1(3)(1) NEW DELHI '%&' / APPELLANT BY: SH. SACHIT JOLLY, ADV & SH. VASUDEVAN G. ADV #$'%&' / RESPONDENT BY: SH. SARAS KUMAR, SR. DR (%)*+ / DATE OF HEARING : 13.12.2019 ,-! %)*+ / DATE OF PRONOUNCEMENT: 13.12.2019 / ORDER PER SUSHMA CHOWLA, JM: THE PRESENT STAY APPLICATION HAS BEEN FILED BY THE APPLICANT REQUESTING FOR EXTENSION OF STAY GRANTED AGAINST RE COVERY OF OUTSTANDING DEMAND OF APPROXIMATELY RS. 48 CRORE. S.A.NO.-1097 /DEL/2019 ITA NO:- 6893/DEL/2017] ASSESSMENT YEAR: 2010-11 PAGE | 2 2. THE LEARNED AR FOR THE APPLICANT POINTED OUT TH AT THE TOTAL DEMAND OUTSTANDING IN THE CASE IS ABOUT RS. 53 CROR E AND THE TRIBUNAL VIDE ORDER DATED 14.06.2019 HAD WHILE GRAN TING STAY AGAINST RECOVERY OF OUTSTANDING DEMAND, ASKED THE APPLICANT TO DEPOSIT RS. 5 CRORES, WHICH HAS BEEN DEPOSITED. HE FURTHER STATED THAT THE APPEAL IS PARTLY HEARD AND IS NOW FIXED FOR HEARING ON MONDAY I.E. 16.12.2019. HE ALSO POINTED OUT THAT THE APPLICANT HAD PARTICIP ATED IN THE PROCEEDINGS BEFORE THE TRIBUNAL AND THE DELAY IN NO T DISPOSING OF THE APPEAL IS NOT ATTRIBUTABLE TO THE APPLICANT. 3. THE LEARNED DR FOR THE REVENUE STATED THAT SINCE SUBSTANTIAL AMOUNT IS OUTSTANDING, THE APPLICANT BE ASKED TO PA Y CERTAIN AMOUNT AGAINST THE OUTSTANDING DEMAND. 4. ON THE PERUSAL OF RECORD AND AFTER HEARING BOTH THE AUTHORIZED REPRESENTATIVES, WE FIND THAT THE PRESENT STAY APPL ICATION HAS BEEN MOVED BY THE APPLICANT REQUESTING FOR EXTENSION OF STAY AGAINST RECOVERY OF OUTSTANDING DEMAND, WHICH WAS EARLIER G RANTED TO THE APPLICANT BY THE TRIBUNAL VIDE ORDER 14.06.2019. TH E APPLICANT HAD COMPLIED WITH THE CONDITIONS IMPOSED IN THE SAID ST AY ORDER. THE APPEAL IS PARTLY HEARD AND IS NOW FIXED FOR HEARING ON 16.12.2019. THE DELAY IN NOT DISPOSING OF THE PRESENT APPEAL, AS PO INTED OUT BY THE LEARNED AR FOR THE APPLICANT, IS NOT ATTRIBUTABLE T O THE APPLICANT. HENCE WE FIND MERIT IN THE PLEA OF THE APPLICANT AN D WE EXTEND THE STAY AGAINST RECOVERY OF OUTSTANDING DEMAND OF APPROXIMA TELY 48 CRORES FOR S.A.NO.-1097 /DEL/2019 ITA NO:- 6893/DEL/2017] ASSESSMENT YEAR: 2010-11 PAGE | 3 A PERIOD OF 180 DAYS OR TILL THE DISPOSAL OF APPEAL , WHICHEVER IS EARLIER. THE APPEAL IS FIXED FOR HEARING AS PART-HEARD ON 16 .12.2019 AND THE PARTIES ARE DIRECTED TO COMPLETE THEIR ARGUMENTS FO R DISPOSAL OF THE APPEAL AND NOT TO SEEK FRIVOLOUS ADJOURNMENTS. THUS THE STAY APPLICATION IS ALLOWED. 5. IN THE RESULT, STAY APPLICATION OF THE ASSESSEE IS ALLOWED. ORDER PRONOUNCED IN THE OPEN COURT ON 13 TH DAY OF DECEMBER, 2019. SD/- SD/- (G.S. PANNU) (SUSHMA CHOWLA) ./0 ./0 ./0 ./0 / VICE PRESIDENT /JUDICIAL MEMBER / DATED : 13 TH DEC, 2019 . SH '%#)12'1!)3 COPY OF THE ORDER IS FORWARDED TO : 1. ' / THE APPELLANT; 2. #$' / THE RESPONDENT; 3. 4 5 6 / THE CIT(A) 4. 17#) 8 8 / DR, ITAT, DELHI 5. 9 :( 3 GUARD FILE. ' ' ' ' / BY ORDER , $1)#) // TRUE COPY // <=> , 8 / ITAT, DELHI