SHIMIZU CORPORATION,DELHI, INDIA V. DCIT, CIRCLE INTL. TAXATION 3(1)(2), NEW DELHI

SA 647/DEL/2025

AI Insights

The case involves Shimizu Corporation, which filed stay applications seeking an extension of the stay of demand previously granted by the Income Tax Appellate Tribunal. The stay was initially granted due to ongoing appeals concerning the assessment years 2013-14 to 2018-19. The tribunal noted that the indemnity bond securing 20% of the demand was set to expire and considered the repeated adjournments of the hearings at the request of the revenue. Consequently, the tribunal decided to extend the stay to prevent any immediate financial burden on the assessee while the appeals are pending.

• Counselvise Citation: [2026] 140 COUNSELVISE.COM (IT) 827581 (ITAT-DELHI)
• Duration Of Justice: 14 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 09-01-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: D
• Assessment Year: 2016-2017
• Appeal Filed On: 26-12-2025
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Assessee Lawyers: NEERAJ JAIN
• Keywords: Application of stay; Extension of stay

Judgement Text

"Page | 1 INCOME TAX APPELLATE TRIBUNAL DELHI BENCH “D”: NEW DELHI BEFORE SHRI M. BALAGANESH, ACCOUNTANT MEMBER AND SHRI YOGESH KUMAR U.S., JUDICIAL MEMBER SA Nos. 644 to 649/Del/2025 (In ITA Nos.1860 to 1865/Del/2024 (Assessment Years: 2013-14 to 2018-19) Shimizu Corporation, 130, Sarojini Market, New Delhi Vs. DCIT (International Taxation), 3(1)(2), New Delhi (Appellant) (Respondent) PAN: AAJCSS1575N Assessee by : Shri Neeraj Jain, Adv Shri Tavish Verma, Adv Shri Rajesh Kumar Dhnesta, Sr. DR Revenue by: Date of Hearing 09/01/2026 Date of pronouncement 09/01/2026 O R D E R PER M. BALAGANESH, A. M.: 1. By virtue of these stay applications, the assessee seeks extension of stay of demand granted by this Tribunal vide last stay order dated 04.07.2025. In the last stay order, it was noted that indemnity bond giving securing 20% of the demand would expire on 15.11.2025. In this regard the ld AR placed the document evidencing the extension of indemnity bond in favour of the income tax department for a further period of 6 months from 15.11.2025. As the appeals as and when listed for hearing were getting adjourned at the behest of the revenue, the Bench deems it fit and appropriate to grant extension of stay for a period of 180 days from the date of this order or till the disposal of the appeals, whichever is Printed from counselvise.com SA Nos. 644 to 649/Del/2025 Shimizu Corporation Page | 2 earlier. The assessee is hereby directed to secure the payment of 20% of demand for each of the assessment years either by physical payment or making satisfactory arrangement in the form of bank guarantee or indemnity bond duly extended from time to time in case if the appeals are not disposed of within a period of 180 days due to adjournment sought by the revenue. With these observations, the stay applications of the assessee are disposed of in the above mentioned terms. 2. In the result, the stay applications of the assessee are allowed. Order pronounced in the open court on 09/01/2026. -Sd/- -Sd/- (YOGESH KUMAR U.S.) (M. BALAGANESH) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 09/01/2026 A K Keot Copy forwarded to 1. Applicant 2. Respondent 3. CIT 4. CIT (A) 5. DR:ITAT ASSISTANT REGISTRAR ITAT, New Delhi Printed from counselvise.com "