Shell Global Solutions International B.V, Mumbai V. The ACIT, Intl. Taxn.-2, Ahmedabad

SA 3/AHD/2024

• Counselvise Citation: [2024] 130 COUNSELVISE.COM (IT) 1507 (ITAT-AHMEDABAD)
• Duration Of Justice: 2 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 28-02-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Next Hearing Date: 28-02-2024
• Assessment Year: 2016-2017
• Appeal Filed On: 26-02-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DA RSI SUMAN RATNAM
• Assessee Lawyers: AJIT KUMAR JAIN; SIDDHESH CHAUGULI; ARS
• Keywords: Application of stay; Extension of stay

Judgement Text

S.A. No.3/Ahd/2024 (Arising out pf ITA No.169/Ahd/2021) Assessment Year: 2016-17 Page 1 of 2 IN THE INCOME TAX APPELLATE TRIBUNAL AHMEDABAD “D” BENCH, AHMEDABAD BEFORE Ms. SUCHITRA KAMBLE, JUDICIAL MEMBER AND SHRI WASEEM AHMED, ACCOUNTANT MEMBER S.A. No.3/Ahd/2024 (Arising out of ITA No.169/Ahd/2021) Assessment Year: 2016-17 M/s. Shell Global Solutions International B.V., C/o. Shell India Markets Pvt. Ltd., Trent House, 1 st Floor, G Block, Plot No.C-60, Bandra Kurla Complex, Bandra East, Mumbai – 400 051. [PAN – AAICS 3589 H] Vs. The Assistant Commissioner of Income Tax, International Taxation – 2, Ahmedabad (Appellant) (Respondent) Assessee by Shri Ajit Kumar Jain & Shri Siddhesh Chauguli, ARs. Revenue by Dr. Darsi Suman Ratnam, CIT-DR Da t e o f He a rin g 29.02.2024 Da t e o f P ro n o u n ce m e n t 29.02.2024 O R D E R PER SUCHITRA KAMBLE, JUDICIAL MEMBER: This application for extension of stay is filed by the assesses regarding the stay of outstanding demand of Rs.34,59,63,966/- (Rs.50,60,31,130– Rs.16,00,67,164) for assessment year 2016-17. 2. The Ld. AR submitted that the assessee has already paid Rs.16,00,67,164/- and the total outstanding at this juncture is only Rs.34,59,63,966/-. The Tribunal vide order dated 26.07.2021 granted stay of the outstanding demand for a period of six months. The first stay extension was granted on 28.01.2022. Thereafter, vide orders dated 22.07.2022, 27.01.2023 & 28.07.2023 further extensions were granted by the Tribunal. The last extension S.A. No.3/Ahd/2024 (Arising out pf ITA No.169/Ahd/2021) Assessment Year: 2016-17 Page 2 of 2 was granted on 30.11.2023 till 29.02.2024. The Ld. AR submitted that the present appeal was adjourned on 14.02.2024 to 21.03.2024 due to pendency of outcome of Miscellaneous Application in assessee’s own case for assessment year 2011- 12 to assessment year 2013-14. Therefore, the Ld. AR submitted that further extension regarding outstanding dues and the stay to the same may be granted. 3. The Ld. DR vehemently opposed the same. 4. We have heard both the parties and perused all the relevant material available on record. It is an admitted fact that the assessee has not taken adjournment on frivolous basis but the Tribunal adjourned the matter to 21.03.2024 due to pendency of outcome of Miscellaneous Application in assessee’s own case for assessment year 2011-12 to 2013-14 which has a direct bearing on the present assessment year. Therefore, this is a fit case for granting extension and stay for another three months or till the disposal of the appeal in the present assessee’s case. The assessee has already paid approximately 20% of the outstanding dues. Therefore, the Stay Application filed by the assessee is allowed. 5. In the result, Stay Application filed by the assessee is allowed. Order pronounced in the open Court on this 29 th February, 2024. Sd/- Sd/- (WASEEM AHMED) (SUCHITRA KAMBLE) Accountant Member Judicial Member Ahmedabad, the 29 th day of February, 2024 PBN/* Copies to: (1) The appellant (2) The respondent (3) CIT (4) CIT(A) (5) Departmental Representative (6) Guard File By order COPY Assistant Registrar Income Tax Appellate Tribunal Ahmedabad benches, Ahmedabad