M/S HARYANA STATE INDUSTRIAL & INFRASTRUCTURE DEV. CORP. LTD.,PANCHKULA V. DCIT, CIRCLE, PANCHKULA

SA 12/CHANDI/2022

AI Insights

The case involves M/s Haryana State Industrial and Infrastructure Dev. Corp. Ltd., the appellant, seeking an extension of the stay on the recovery of an outstanding demand for the Assessment Year 2016-17. The initial stay was granted by the Tribunal on 29-11-2019 and had been extended multiple times, with the last order prior to this application being on 21-12-2021. The Tribunal considered the appellant's substantial payment towards the demand and the lack of fault on their part for the delay in the disposal of the appeal. The respondent, DCIT Circle Panchkula, opposed the extension of the stay. However, the Tribunal decided to extend the stay, maintaining all conditions from previous orders and aiming for an early disposal of the quantum appeal.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 837883 (ITAT-CHANDIGARH)
• Duration Of Justice: 3 year(s) 7 month(s) 13 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 17-02-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: A
• Assessment Year: 2016-2017
• Appeal Filed On: 04-07-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: VIVEK VARDHAN LD.
• Assessee Lawyers: A.K.JINDAL; RATTAN KAUR LD
• Keywords: Application of stay; Extension of stay
• Section: 6

Judgement Text

"1 IN THE INCOME TAX APPELLATE TRIBUNAL “A” BENCH, CHANDIGARH PHYSICAL HEARING BEFORE HON’BLE SHRI RAJPAL YADAV, VICE PRESIDENT AND HON’BLE SHRI MANOJ KUMAR AGGARWAL, AM 1. Stay Application No.12/Chandi/2022 (In ITA No.1371/CHANDI/2019) (िनधाŊरण वषŊ / Assessment Year: 2016-17) M/s Haryana State Industrial and Infrastructure Dev. Corp. Ltd. C-13-14, Sector – 6 Panchkula (Haryana) बनाम/ Vs. DCIT Circle Panchkula Circle Panchkula ̾थायीलेखासं./जीआइआरसं./PAN/GIR No. AAACH-4114-R (अपीलाथŎ/Appellant) : (ŮȑथŎ / Respondent) अपीलाथŎकीओरसे/ Appellant by : Sh. A.K. Jindal (CA) & Ms. Rattan Kaur (CA) – Ld. AR ŮȑथŎकीओरसे/Respondent by : Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR सुनवाईकीतारीख/Date of Hearing : 16-02-2026 घोषणाकीतारीख /Date of Pronouncement : 17-02-2026 आदेश / O R D E R Manoj Kumar Aggarwal (Accountant Member) 1. By way of this stay application for Assessment Year (AY) 2016- 17, the assessee seeks extension of stay of recovery of outstanding demand. The initial stay was granted by Tribunal on 29-11-2019 which has been extended from time to time. The last order has been passed by Tribunal vide SA No.32/Chd/2021 order dated 21-12-2021. Printed from counselvise.com 2 Thereafter, status quo has been maintained on the stay vide order sheet entries of various dates as per records. 2. The Ld. AR stated that delay in disposal of appeal was not attributable to any fault of the assessee. It is also an undisputed position that the assessee has already paid more than 65% of the total demand which fact is already noted by Tribunal in stay order dated 21- 12-2021. Today, this stay application came up for hearing along with quantum appeal. During hearing, it transpired that certain details of subsequent years qua recognition of revenue are required from the assessee for proper adjudication which Ld. AR would be filing very shortly. At this stage, Ld. AR pleaded for grant of regular stay. The Ld. Sr.-DR opposed the same. 3. There being no change in the facts as prevalent during earlier stay orders and keeping in mind the fact that the assessee has already paid more than 65% of total demand, we extend the stay for a period of 180 days from the date of this order or till the disposal of the quantum appeal. All the conditions imposed in earlier stay orders shall remain intact. An endeavor would be made for an early disposal of the quantum appeal. 4. The stay application stands allowed. Order pronounced on 17th February, 2026. -Sd- -Sd- (RAJPAL YADAV) (MANOJ KUMAR AGGARWAL) VICE PRESIDENT ACCOUNTANT MEMBER Dated: 17-02-2026 Printed from counselvise.com 3 आदेश की Ůितिलिप अŤेिषत /Copy of the Order forwarded to : 1. अपीलाथŎ/Appellant 2. ŮȑथŎ/Respondent 3. आयकरआयुƅ/CIT 4. िवभागीयŮितिनिध/DR 5. गाडŊफाईल/GF ASSISTANT REGISTRAR ITAT CHANDIGARH Printed from counselvise.com "