M/S. SIGMA ALDRICH CHEMICALS PRIVATE LIMITED,BENGALURU V. DCIT, CIRCLE-6(1)(1), BENGALURU

SA 57/BANG/2025

AI Insights

The case involves M/s. Sigma Aldrich Chemicals Pvt. Ltd., which filed a stay application (SA No.57/Bang/2025) seeking an extension of a previously granted stay concerning an outstanding tax demand for the assessment year 2021-22. The original stay was granted based on a substantial deposit made by the assessee and the legal precedent set by the Hon'ble Madras High Court in the case of CIT & Ors v. M/s Roca Bathroom Products Pvt. Ltd. The revenue sought adjournments in previous hearings, contributing to delays in the appeal process. The Tribunal, considering these factors, decided to extend the stay under the same terms and conditions as previously granted.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708814 (ITAT-BANGALORE)
• Appeal Type: Stay Application
• Pronouncement Date: 18-07-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Assessment Year: 2021-2022
• Other Referred Cases: CIT & Ors v. M/s Roca Bathroom Products Pvt. Ltd. (2022) 445 ITR 537
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: N. BALUSAMY
• Assessee Lawyers: TATA KRISHNA
• Keywords: Application of stay; Extension of stay

Judgement Text

"SA No.57/Bang/2025 M/s. Sigma Aldrich Chemicals Pvt. Ltd., Bangalore IN THE INCOME TAX APPELLATE TRIBUNAL “C’’ BENCH: BANGALORE BEFORE SHRI PRASHANT MAHARISHI, VICE PRESIDENT AND SHRI KESHAV DUBEY, JUDICIAL MEMBER SA No.57/Bang/2025 (Arising out of IT(TP)A No.2601/Bang/2024 Assessment Year: 2021-22 M/s. Sigma Aldrich Chemicals Pvt. Ltd. Plot No.12, Bommasandra Jigani Link Road Industrial Area Anekal Taluk Bengaluru 560 100 Karnataka PAN NO : AAHCS1882L Vs. DCIT Circle-6(1)(1) Bengaluru APPELLANT RESPONDENT Appellant by : Sri Tata Krishna, A.R. Respondent by : Sri N. Balusamy, D.R. Date of Hearing : 18.07.2025 Date of Pronouncement : 18.07.2025 O R D E R PER KESHAV DUBEY, JUDICIAL MEMBER: The present Stay Application No.57/Bang/2025 filed by M/s. Sigma Aldrich Chemicals Pvt. Ltd. Limited (The assessee/Applicant) for the assessment year 2021-22 in IT(TP)A No.2601/Bang/2024 seeking extension of the stay already granted by the order of the coordinate bench on 6.1.2025, which is placed at pages 18 to 23 of the paper book. Therefore, the claim of the assessee is that there is no change in the facts and circumstances of the case and the delay in disposal of appeal is also not on account of the assessee. The assessee has raised a ground of limitation based on the decision of Hon’ble Madras High Court in the case of CIT & Ors v. M/s Roca Bathroom Products Pvt. Ltd. Reported in (2022) 445 ITR 537. It is covered in favour of the assessee but the revenue is seeking adjournment on the earlier SA No.57/Bang/2025 M/s. Sigma Aldrich Chemicals Pvt. Ltd., Bangalore Page 2 of 3 occasions when the appeal was posted for hearing. Therefore, the assessee deserves extension of stay. The ld. A.R. reiterated the same facts. 2. The ld. D.R. vehemently stated that the assessee may be directed to deposit the tax beyond what is deposited. 3. We have carefully considered the rival contentions and perused the contentions of the said petition filed before us. The assessee was originally granted stay by an order dated 6.1.2025 in SA No.81/Bang/2024 in IT (TP)A No.2601/Bang/2024 for assessment year 2021-22, wherein the stay was granted on the fact that assessee had deposited a sum of Rs.4.4 crores on 31.12.2024 against the outstanding demand of Rs.20.34 crores. The stay was also granted for the reason that the assessee has challenged the validity of the assessment order by contesting that the issue is covered in favour of the assessee by the decision of Hon’ble Madras High Court in the case of Roca Bathroom Products Pvt. Ltd. cited (supra). After granting of the above stay, the revenue is seeking adjournment. Therefore, delay in disposal of the appeal is not on account of the assessee. In view of the above facts, we extend the stay originally granted at the same terms and conditions for a further period of 180 days or till the disposal of appeal, whichever is earlier. 4. In the result, stay application filed by the assessee is allowed. Order pronounced in the open court on 18th July, 2025 Sd/- (Prashant Maharishi) Vice President Sd/- (Keshav Dubey) Judicial Member Bangalore, Dated 18th July, 2025. VG/SPS SA No.57/Bang/2025 M/s. Sigma Aldrich Chemicals Pvt. Ltd., Bangalore Page 3 of 3 Copy to: 1. The Applicant 2. The Respondent 3. The CIT 4. The DR, ITAT, Bangalore. 5 Guard file By order Asst. Registrar, ITAT, Bangalore. "