SCHNEIDER ELECTRIC PRIVATE LIMITED,DELHI V. DEPUTY COMMISSIONER OF INCOME TAX, CIRCLE 22(2), C. R. BUILDING,DELHI

SA 328/DEL/2025

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Schneider Electric Private Limited filed a stay application (SA No. 328/Del/2025) related to an outstanding tax demand of Rs. 33,06,67,940/- for the assessment year 2021-22. The application sought an extension of the stay on the recovery of the remaining demand of Rs. 27,06,67,940/-, following the partial compliance with a previous stay order (SA No. 520/Del/2024) which required the deposit of Rs. 6,00,00,000/-. The Tribunal had initially granted the stay on the condition that the assessee would deposit the specified amount, which was duly complied with. The appeal related to this case (ITA No. 5589/Del/2024) was heard on 09.04.2025, and the orders were awaited. The Tribunal decided to extend the stay based on the compliance with the previous order and the ongoing appeal proceedings.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 669229 (ITAT-DELHI)
• Appeal Type: Stay Application
• Pronouncement Date: 27-06-2025
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: H
• Assessment Year: 2021-2022
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: DHEERAJ KUMAR JAIN
• Keywords: Application of stay; Extension of stay
• Section: 2

Judgement Text

"1 SA No. 328/Del/2025 (In ITA No. 5589/Del/2024) Schneider Electric Private Ltd. v. DCIT, Circle 22(2), New Delhi A.Y: 2021-22 IN THE INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH: ‘H’: NEW DELHI) BEFORE SHRI RAMIT KOCHAR, ACCOUNTANT MEMBER AND SHRI SUDHIR PAREEK, JUDICIAL MEMBER SA No. 328/Del/2025 (In ITA no. 5589/Del/2024) Assessment Year.: 2021-22 Schneider Electric Private Limited C-56, Mayapuri Industrial Area, Phase-2, New Delhi-110064 v. The DCIT, Circle 22(2), New Delhi PAN No: ABACS1671F APPLICANT RESPONDENT Assessed by :Ms. Tanya, Advocate Revenue by : Shri Dheeraj Kumar Jain, Sr. DR Date of Hearing :27.06.2025 Date of Pronouncement :27.06.2025 ORDER PER RAMIT KOCHAR, AM: The assessee has filed this stay application in SA No. 328/Del/2025 which has arisen from ITA no. 5589/Del/2024 for assessment year 2021-22, seeking extension of stay on recovery of the outstanding demand to the tune of Rs. 27,06,67,940/- (Total demand Rs. 33,06,67,940/- - Rs. 6,00,00,000/-(already deposited by assessee 2 SA No. 328/Del/2025 (In ITA No. 5589/Del/2024) Schneider Electric Private Ltd. v. DCIT, Circle 22(2), New Delhi A.Y: 2021-22 in compliance of stay order dated 20.12.2024)). It is the say of the ld. Counsel for the assessee that the Tribunal granted stay on the recovery of outstanding demand of Rs.33,06,67,940/- vide order dated 20.12.2024in SA No. 520/Del/2024arising out of appeal in ITA no. 5589/Del/2024 for assessment year 2021-22 on the condition that out of Rs. 33,06,67,940/- ,the assessee deposit Rs. 6,00,00,000/-, out of which Rs. 3,00,00,000/-to be deposited within 30 days of the stay order and balance Rs. 3,00,00,000/- to be deposited within next 30 days from the date of stay order. The ld. Counsel has filed copy of aforesaid stay order dated 20.12.2024 which is placed on record in file.It was submitted by ld. Counsel for the assessee that the assessee has duly complied with the condition of the stay order by depositing total of Rs. 6 crores(Rs. Six Crores) as directed by the Tribunal, out of which Rs. 3,00,00,000/- was deposited on 17.01.2025 vide Challan No. 01423(BSR code 6939001, Bank Reference No. 20250117150153507310, CIN 25011600010527RBIS with RBIS Bank) and remaining Rs. 3,00,00,000/- on 12.02.2025 vide Challan No. 00609 (BSR code 6939001, Bank Reference No. 20250212124642837676, CIN 25021100033093RBIS with RBIS Bank). The ld. Counsel for the assessee has filed the copy of challan(s) , which are placed on record in file. Thus, it was submitted that since the conditions stipulated by the stay order dated 20.12.2024 were met, it was prayed that stay on recovery of outstanding demand of Rs. 27,06,67,940/- be extended. It was further submitted that after grant of aforesaid stay by ITAT vide orders dated 20.12.2024 , the appeal in ITA No. 5589/Del/2024 came up for hearing before Division Bench, ITAT , Delhi Benches from time to time and was finally heard on 09.04.2025 and orders of the Tribunal are awaited. Thus it was submitted that since the appeal is now heard by the ITAT and orders of the Tribunal are awaited 3 SA No. 328/Del/2025 (In ITA No. 5589/Del/2024) Schneider Electric Private Ltd. v. DCIT, Circle 22(2), New Delhi A.Y: 2021-22 ,prayers were made to grant extension on stay on the recovery of the remaining outstanding demand of Rs. 27,06,67,940/-. 2. Ld. Sr. DR submitted that the assessee may be asked to deposit further amount so that entire demand stood deposited. 3. After hearing both the parties we are inclined to extend the stay on the recovery of the remaining outstanding demandof Rs. 27,06,67,940/- for a further period of 180 days or till the pronouncement of the ordersin the corresponding appeal in ITA No. 5589/Del/2025 which is stated to be heard on 09.04.2025 by ‘DB’, ITAT and orders of the Tribunal are awaited, as the factual circumstances and matrix as were before the Tribunal for grant of stay on recovery of outstanding demandvide orders dated 20.12.2024 in SA No. 520/Del/2024 arising out of ITA no. 5589/Del/2024 for assessment year 2021-22, remains the same. The assessee has already deposited Rs. 6,00,00,000/- of the total outstanding demand of Rs. 33,06,67,940/- as was directed by ITAT vide order dated 20.12.2024 as pre-condition for stay on recovery of remaining outstanding demand , and orders of the ITAT in ITA No. 5589/Del/2024 which was heard on 09.04.2025 are now awaited.The ld. SR DR could not point to any change in factual circumstances since the grant of stay by ITAT vide orders dated 20.12.2024, as well no fault can be attributed to the assessee, we are inclined to extend the stay on recovery of the outstanding demand for A.Y. 2021-22 for a further period of 180 days or till the pronouncement of the orders in the corresponding appeal in ITA no. 5589/Del/2024, whichever is earlier.We clarify that we have not commented on the merits of the issue’s in the appeal.We order accordingly. 4 SA No. 328/Del/2025 (In ITA No. 5589/Del/2024) Schneider Electric Private Ltd. v. DCIT, Circle 22(2), New Delhi A.Y: 2021-22 4. In the result, stay application in SA No. 328/Del/2025 arising out of ITA No. 5589/Del/2024 for assessment year 2021-22 is allowed in the manner as indicated in this order. Order pronounced in the open court on 27th June, 2025. Sd/- Sd/- (SUDHIR PAREEK) (RAMIT KOCHAR) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 30.06.2025. Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. DRP 5. DR 6. Guard File Asst. Registrar, ITAT, New Delhi "