SOHINI DEVELOPERS LLP,HYDERABAD V. ACIT,CENTRAL CIRCLE-1(1), HYDERABAD, HYDERABAD

SA 43/HYD/2026

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Sohni Developers LLP filed stay applications against the recovery of outstanding demands arising from assessments for the assessment years 2018-19 to 2022-23. The assessments were contested based on additions made by the Assessing Officer (A.O.), which were allegedly based on a third party's statement and erroneous transaction figures. The Tribunal noted that similar cases involving the same group entity had previously been granted a stay. The Tribunal considered the payments already made by the assessee and the upcoming hearing of the appeals, deciding to grant the stay to prevent recovery actions until the appeals were heard.

• Duration Of Justice: 9 day(s)
• Appeal Type: Stay Application
• Pronouncement Date: 27-03-2026
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: Hyderabad
• Assessment Year: 2020-2021
• Appeal Filed On: 18-03-2026
• Other Referred Cases: Vamsiram Builders & Developers Pvt. Ltd vs. ACIT
• Laws Referred To: Income Tax Act
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: SACHIN KUMAR
• Assessee Lawyers: M.V. PRASAD
• Keywords: Application of stay
• Section: 148; 143(3)

Judgement Text

" SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 1 of 9 आयकर अपीलȣय अͬधकरण, हैदराबाद पीठ IN THE INCOME TAX APPELLATE TRIBUNAL Hyderabad ‘ DB-B ‘ Bench, Hyderabad Įी ͪवजय पाल राव, उपाÚ य¢ एवं Įी मधुसूदन सावͫडया, लेखा सदè य क े सम¢ । Before Shri Vijay Pal Rao, Vice-President A N D Shri Manjunatha, G. Accountant Member S.A. Nos. 40 to 45/Hyd/2026 आ.अपी.सं /ITA Nos792 to 797/Hyd/2026 (िनधाŊरण वषŊ/Assessment Years: 2018-19 to 2022-23) SOHNI DEDVELOPERS LLP Hyderabad PAN:ADCFS5292H Vs. Assistant Commissioner of Income Tax Central Circle-1(1) Hyderabad (Appellant) (Respondent) िनधाŊįरती Ȫारा/Assessee by: Shri M.V. Prasad, CA राज̾ व Ȫारा/Revenue by: Dr. Sachin Kumar, Sr.AR सुनवाई की तारीख/Date of hearing: 27/03/2026 घोषणा की तारीख/Pronouncement: 27/03/2026 आदेश/ORDER Per Vijay Pal Rao, Vice-President: By way of these stay applications, the assessee is seeking stay against the recovery of the outstanding demand arising from the assessments framed under section 143(3) r.w.s. 147 of the I.T. Act for the A.Ys 2018-19 to 2022-23. Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 2 of 9 2. The learned Counsel for the assessee has submitted that the additions have been made by the A.O only on the basis of statement of 3rd party and by adding two zeros in the figures of transaction of sales of Apartments. He has pointed out that the assessee has already paid 20% of the demand in dispute, copies of the challans have been filed and the assessee is having a good prima facie case on merits as well the case against the validity of notice under section 148 of the Act as per the decision of this Tribunal in the case of other group entities arising from the same search & seizure action. He has pointed out that the assessee is a group entity of Vamsiram Builders & Developers Private Ltd wherein this Tribunal vide order dated 13/03/2026 on identical facts has granted stay for a period of 90 days or till the disposal of the appeals of the assessee. The learned Counsel for the assessee has submitted that the appeals of the assessee are now fixed for hearing on 30th April, 2026 and the assessee is ready to argue the appeals. Thus, he has pleaded that the stay against the recovery of the outstanding demand may be granted till the disposal of the appeals of the assessee. 3. On the other hand, the Ld. DR has objected against the stay of the recovery of the demand in question and submitted that the additions are made by the A.O on the basis of seized material. Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 3 of 9 4. We have considered the rival submissions as well as the relevant material available on record. In the appeals filed by the assessee, the assessee has challenged the validity of the order passed by the A.O on various grounds which are reiterated in para 16 of the Stay Application as under: 5. Thus, it is clear that the assessee has raised various grounds in the appeals including some of the legal grounds of Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 4 of 9 validity of notice issued under section 148 of the Act and consequential assessment order passed by the A.O. The assessee has given the details of the disputed demands and the payments already made by the assessee in para 18 of the stay application as under: 6. The Ld. DR has not disputed the payments made by the assessee against the disputed demands which is 20% and in case of A.Y 2020-21, 33%. By considering the identical facts in the case of Vamsiram Builders & Developers Pvt. Ltd vs. ACIT in SA Nos.19 to 25/Hyd/2026, dated 13/03/2026, this Tribunal has granted stay for a period of 90 days or till the disposal of the appeal in para 4 & 5 of the said order as under: Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 5 of 9 Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 6 of 9 Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 7 of 9 Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 8 of 9 7. Accordingly, having considered the facts and circumstances of the case as discussed above and in view of the earlier orders of this Tribunal, we are of the considered view that Printed from counselvise.com SA Nos 40 to 45 of 2025 Sohni Developers LLP Page 9 of 9 the assessee has made out a good arguable case in the appeals therefore, we grant stay against the recovery of outstanding demand for a period of 90 days or till the disposal of the appeals whichever is earlier. The appeals of the assessee are already fixed for hearing on 30th April, 2026 which are directed to be listed in the category of Stay Granted Matters. The parties are directed not to take any adjournment on the date of hearing and file the paper book, if any, well in advance by serving a copy to the other party. 8. In the result, all the Stay Applications filed by the assessee are allowed. A copy of the common order be placed in the respective stay application files. Order pronounced in the Open Court on the conclusion of hearing i.e. on 27th March, 2026. Sd/- Sd/- (MANJUNATHA, G) ACCOUNTANT MEMBER (VIJAY PAL RAO) VICE PRESIDENT Hyderabad, dated 27th March, 2026. Vinodan/sps Copy to: S.No Addresses 1 Sohni Developers LLP, Survey No.142, Sohni Tech Park, Nanakramguda Village, Hyderabad 2 Assistant Commissioner of Income Tax Central Circle 1(1) Aayakar Bhavan, Opp: LB Stadium, Basheerbagh Hyderabad 500004 3 Pr. CIT – Central, Hyderabad 4 DR, ITAT Hyderabad Benches 5 Guard File By Order Printed from counselvise.com Digitally signed by GEETHA VISHWANATHAN DN: cn=GEETHA VISHWANATHAN, c=IN, o=INCOME TAX APPELLATE TRIBUNAL HYDERABAD, ou=INCOME TAX APPELLATE TRIBUNAL,CID - 7079141 Date: 2026.03.27 15:09:11 +05'30' GEETHA VISHWANATHAN "