LX PANTOS INDIA PRIVATE LIMITED,DELHI V. THE DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 13(1), DELHI, DELHI

SA 393/DEL/2025

AI Insights

The case involves LX Panthos India P. Ltd., which filed a Stay Application seeking an extension on the recovery of an outstanding demand for the Assessment Year 2021-22. Initially, a stay was granted for 180 days, and due to the ongoing legal proceedings concerning the validity of the assessment order's limitation period, the Tribunal had previously adjourned the appeal sine die. The Assessing Officer was directed not to undertake any recovery proceedings until the Supreme Court resolved the matter. The Tribunal's final decision was to dispose of the Stay Application based on the compliance of the Assessing Officer with the Tribunal's earlier orders.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 826610 (ITAT-DELHI)
• Duration Of Justice: 5 month(s) 10 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 09-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: I
• Assessment Year: 2021-2022
• Appeal Filed On: 29-07-2025
• Other Referred Cases: CIT vs. M/s. Roca Bathroom Products P. Ltd. 140 taxmann.com 304 (Mad.)
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: MANOJ KUMAR
• Keywords: Application of stay; Extension of stay
• Section: 2

Judgement Text

" आयकर अपीलीय अधिकरण धिल्ली पीठ “आई”, धिल्ली श्री धिकास अिस्थी, न्याधयक सिस्य एिं श्रीमती रेनू जौहरी, लेखाकार सिस्य क े समक्ष IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “I”, DELHI BEFORE SHRI VIKAS AWASTHY, JUDICIAL MEMBER & SMT. RENU JAUHRI, ACCOUNTANT MEMBER SA No.393/Del/2025 (Arising out of ITA No.5913/Del/2024, A.Y 2021-22) LX Panthos India P. Ltd., K-27, Ground Floor, Gali No. 6, K Block, Labour Chowk, Mahipalpur, Delhi 110037 PAN: AAACF-8539-L ...... आवेदक/Applicant बनाम Vs. Deputy Commissioner of Income Tax, Circle 13(1), New Delhi ..... प्रतिवादी/Respondent आवेदक/Applicant : Shri Ashik Shah, Chartered Accountant प्रधतिािीद्वारा/Respondent by : Shri Manoj Kumar, Sr. DR सुनवाई की तिथि/ Date of hearing : 09/01/2026 घोषणा की तिथि/ Date of pronouncement : 09/01/2026 आदेश/ORDER PER VIKAS AWASTHY, JM: This application has been filed by the applicant/assessee seeking extension of stay on the recovery of outstanding demand for Assessment Year 2021-22. 2. The benefit of stay was allowed to the assessee in SA No. 58/Del/2025 vide order dated 07.02.2025 for a period of 180 days. One of the ground raised by the assessee in appeal is assailing validity of the assessment order on the ground of limitation. The said ground emanates from the decision rendered in the case of CIT vs. M/s. Roca Bathroom Products P. Ltd. 140 taxmann.com 304 (Mad.). Since, the said issue is now sub-judice before the Hon’ble Supreme Court of India, the Department was seeking repeated Printed from counselvise.com 2 SA No.346/DEL/2025 adjournments. Therefore, the appeal could not be taken up for hearing. The Tribunal vide order dated 12.08.2025 adjourned the appeal sine die. 3. In the back drop of above facts, the Assessing Officer (AO) was directed by the Tribunal vide zimni order dated 03.10.2025 to furnish undertaking that no proceedings for recovery of outstanding demand for the impugned assessment year shall be undertaken till the time the matter is sub-judice before the Hon’ble Supreme Court of India. In compliance of the said order, the AO has passed the following order on 19.11.2025:- Printed from counselvise.com 3 SA No.346/DEL/2025 4. The present Stay Application of the assessee is disposed of in light of the stay order passed by the AO. Order pronounced in the open court on Friday the 09th day of January, 2026. Sd/- Sd/- (RENU JAUHRI) (VIKAS AWASTHY) लेखाकार सदस्य/ACCOUNTANT MEMBER न्यायिक सदस्य/JUDICIAL MEMBER धिल्ली / Delhi, ददनाांक/Dated 09/01/2026 NV/- प्रतिलिपि अग्रेपििCopy of the Order forwarded to : 1. अपीलािी/The Appellant , 2. प्रतिवादी/ The Respondent. 3. The PCIT/CIT(A) 4. ववभागीय प्रतितनथि, आय.अपी.अथि., यदल्ली /DR, ITAT, धिल्ली 5. गार्ड फाइल/Guard file. BY ORDER, //True Copy// (Asstt. Registrar) ITAT, DELHI Printed from counselvise.com "