M/S. EXPLEO SOLUTIONS LTD.,CHENNAI V. DCIT, CORPORATE CIRCLE-1(1), CHENNAI

SA 70/CHNY/2025

AI Insights

The case involves M/s. Expleo Solutions Ltd., the appellant, who filed a stay application against the recovery of an outstanding disputed demand of \\u20b920,30,02,355/- for the assessment year 2021-22. The demand arose from various additions made by the Assessing Officer in a draft order under section 144C(1) of the Income Tax Act, 1961, which were partially upheld by the Dispute Resolution Panel (DRP). The appellant contested the final assessment order under section 143(3) r.w.s. 144C(13) of the Act, which is currently pending before the ITAT. The Tribunal considered the payment of \\u20b95,07,60,000/- made by the appellant, which constituted more than 20% of the total disputed demand, and decided to grant the stay without delving into the merits of the case.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 712102 (ITAT-CHENNAI)
• Appeal Type: Stay Application
• Pronouncement Date: 25-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2021-2022
• Laws Referred To: Income Tax Act, 1961
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: M. SHANMUGA PRIYA
• Assessee Lawyers: VIKRAM VIJAYARAGHAVAN
• Keywords: Application of stay
• Section: 143(3)

Judgement Text

"आयकर अपीलीय अिधकरण, ’डी’ Ɋायपीठ, चेɄई IN THE INCOME-TAX APPELLATE TRIBUNAL ‘D’ BENCH, CHENNAI ŵी एस.एस. िवʷनेũ रिव, Ɋाियक सद˟ एवं ŵी जगदीश, लेखा सद˟ क े समƗ । Before Shri S.S. Viswanethra Ravi, Judicial Member & Shri Jagadish, Accountant Member S.A. No. 70/Chny/2025 [In I.T.(TP)A. No. 136/Chny/2024] िनधाŊरण वषŊ/Assessment Year: 2021-22 M/s. Expleo Solutions Ltd., 6A, Sixth Floor, Prince Infocity II, No. 293/3 & 283/4, Rajiv Gandhi Salai (OMR), Kandanchavadi, Chennai 600 096. [PAN: AABCT0976G] Vs. The Deputy Commissioner of Income Tax, Corporate Circle 1(1), Chennai. (अपीलाथŎ/Appellant) (ŮȑथŎ/Respondent) अपीलाथŎ की ओर से / Appellant by : Shri Vikram Vijayaraghavan, Advocate ŮȑथŎ की ओर से/Respondent by : Dr. M. Sri Shanmuga Priya, JCIT सुनवाई की तारीख/ Date of hearing : 25.07.2025 घोषणा की तारीख /Date of Pronouncement : 25.07.2025 आदेश /O R D E R PER S.S. VISWANETHRA RAVI, JUDICIAL MEMBER: This stay application is filed by the petitioner seeking grant of stay from recovery of outstanding disputed demand of ₹.20,30,02,355/- till the final disposal of the appeal of the assessee for the assessment year 2021-22. 2. The ld. AR Shri Vikram Vijayaraghavan, Advocate submits that the assessee filed return of income admitted an income of Printed from counselvise.com S.A. No.70/Chny/25 2 ₹.65,47,28,859/-. The Assessing Officer passed a draft order under section 144C(1) of the Income Tax Act, 1961 [“Act” in short] by making various additions. The assessee preferred its objections before the DRP. The DRP granted relief to an extent of ₹.5,90,98,120/- on account of 26AS reconciliation and on all the other issues, upheld the order of the Assessing Officer. The Assessing Officer completed the assessment under section 143(3) r.w.s. 144C(13) of the Act by making various additions, against which the assessee preferred further appeal before the ITAT and the same is pending for adjudication. The ld. AR submits that against the total demand of ₹.25,37,62,355/-, the assessee paid ₹.5,07,60,000/-. Thus, the ld. AR prayed for grant of stay of recovery of outstanding demand till the final disposal of the appeal preferred by the petitioner. 3. The ld. DR Dr. Sri Shanmuga Priya, JCIT strongly opposed grant of stay. 4. Having heard both the parties, we note that against the total outstanding tax and interest demanded at ₹.25,37,62,355/-, the assessee has already paid and adjusted ₹.5,07,60,000/-, which is more than 20% of the total outstanding demand. Considering the facts that Printed from counselvise.com S.A. No.70/Chny/25 3 the assessee has already paid 20% of disputed demand as required under law for grant of stay of outstanding demand, without going into other aspects on merits, we stay the recovery of outstanding demand for a period of 180 days or till the final disposal of the appeal, whichever is earlier. 5. In the result, the stay application filed by the assessee is allowed. Order pronounced on 25th July, 2025 at Chennai. Sd/- Sd/- (JAGADISH) ACCOUNTANT MEMBER (S.S. VISWANETHRA RAVI) JUDICIAL MEMBER Chennai, Dated, 25.07.2025 Vm/- आदेश की Ůितिलिप अŤेिषत/Copy to: 1. अपीलाथŎ/Appellant, 2.ŮȑथŎ/ Respondent, 3. आयकर आयुƅ/CIT, Chennai/Madurai/Coimbatore/Salem 4. िवभागीय Ůितिनिध/DR & 5. गाडŊ फाईल/GF. Printed from counselvise.com "