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

MA 230/DEL/2022

• Counselvise Citation: [2022] 104 COUNSELVISE.COM (IT) 2704 (ITAT-DELHI)
• Duration Of Justice: 1 month(s) 19 day(s)
• Appeal Type: Miscellaneous Application
• Pronouncement Date: 22-09-2022
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 22-09-2022
• Assessment Year: 2010-2011
• Appeal Filed On: 02-08-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘D’ NEW DELHI BEFORESHRI G.S. PANNU, HON’BLE PRESIDENT AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER M.A. No.230/Del/2022 [Arising out of S.A. No.45/Del/2022] Assessment Year: 2010-11 DCIT (Intl. Taxation), Circle-1(3)(1), New Delhi Vs. M/s. GE NuovoPignone SPA, C/o-6 th Floor, Building 7A, Standard Chartered Building, DLF Cyber City, Phase-III, Guragao, PAN :AABCG3212A (Applicant) (Respondent) ORDER PERSAKTIJIT DEY, JM: We have heard the parties and perused the materials on record. By filing the present application, the Revenue has sought rectification/recall of order dated 11.02.2022 passed in stay application no. 44/Del/2022. 2. The grievance of the Revenue is to the effect that as per the first proviso to section 254(2A) of the Income-tax Act, 1961 (in Applicant by Sh. Sanjay Kumar, Sr. DR Respondent by Sh. Sachit Jolly, Advocate Ms. DishaJham, Advocate Date of hearing 23.09.2022 Date of pronouncement 23.09.2022 M.A. No.230/Del/2022 2 | P a g e short ‘the Act’), the Tribunal can grant stay, subject to condition that the assessee deposits not less than 20% of the amount of tax, interest, fee, penalty etc. According to the Revenue, the amount as directed by the Tribunal to be paid by the assessee is less than 20% of the disputed demand. As can been seen, while granting conditional stay in the order referred to above, the Tribunal has made it clear that the order will be effective for a period of 180 days from the date of the order or till the disposal of the corresponding appeal, whichever is earlier. In the meanwhile, 180 days have elapsed. Thus, with efflux of time the order referred to above has spent its force, as on date. That being the factual position, for all practical purposes, the present application of Revenue has become infructuous. Hence, deserves to be dismissed. Accordingly, we do so. 3. In the result, miscellaneous application is dismissed. Order pronounced in the open courton 23 rd September, 2022 Sd/- Sd/- (G.S. PANNU) (SAKTIJIT DEY) PRESIDENT JUDICIAL MEMBER Dated: 23 rd September, 2022. RK/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) M.A. No.230/Del/2022 3 | P a g e 5. DR Asst. Registrar, ITAT, New Delhi