SUZUKI MOTOR CORPORATION,JAPAN V. ACIT, CIRCLE INT TAXATION 3(1)(2), NEW DELHI

SA 394/DEL/2024

AI Insights

The case involves M/s Suzuki Motor Corporation, which filed a stay application against the recovery of an outstanding demand of \'49,32,66,918 pertaining to the assessment year 2020-21. The application was heard by the Income Tax Appellate Tribunal, Delhi. During the hearing, the Senior Counsel for the assessee presented a letter from the Assessing Officer, which stated that the department would not enforce the recovery of the outstanding demand until the appeal was disposed of, following the adjournment sought by the department. Given this undertaking, the Tribunal found no necessity to issue any further orders on the stay application, leading to its dismissal for statistical purposes.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 31800 (ITAT-DELHI)
• Duration Of Justice: 8 day(s)
• Appeal Type: Others
• Pronouncement Date: 04-10-2024
• Appeal Filed By: Assessee
• Order Result: Dismissed
• Bench Allotted: D
• Next Hearing Date: 04-10-2024
• Assessment Year: 2020-2021
• Appeal Filed On: 26-09-2024
• Result in Favour of: Revenue
• Court: TRIBUNAL
• Department Lawyers: SANJAY KUMAR; SENIOR
• Assessee Lawyers: AJAY VOHRA; SENIOR; NEERAJ JAIN; TAVISH VERMA
• Keywords: Application of stay

Judgement Text

"IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL IN THE INCOME TAX APPELLATE TRIBUNAL DELHI DELHI DELHI DELHI FRIDAY FRIDAY FRIDAY FRIDAY BENCH BENCH BENCH BENCH- - - -D D D D : NEW DELHI : NEW DELHI : NEW DELHI : NEW DELHI BEFORE BEFORE BEFORE BEFORE SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, SHRI SAKTIJIT DEY, VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT AND AND AND AND SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN SHRI S. RIFAUR RAHMAN , , , , ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER Stay Application No. Stay Application No. Stay Application No. Stay Application No.394 394 394 394/Del/2024 /Del/2024 /Del/2024 /Del/2024 (In ITA No.1893/Del/2023 (In ITA No.1893/Del/2023 (In ITA No.1893/Del/2023 (In ITA No.1893/Del/2023) ) ) ) Assessment Yea Assessment Yea Assessment Yea Assessment Year r r r : 2020 : 2020 : 2020 : 2020- - - -21 21 21 21 M/s Suzuki Motor Corporation, M/s Suzuki Motor Corporation, M/s Suzuki Motor Corporation, M/s Suzuki Motor Corporation, 300, Takatsuka Minami Ku 300, Takatsuka Minami Ku 300, Takatsuka Minami Ku 300, Takatsuka Minami Ku Hamamatsu, Japan. Hamamatsu, Japan. Hamamatsu, Japan. Hamamatsu, Japan. PAN : AANCS8540H. PAN : AANCS8540H. PAN : AANCS8540H. PAN : AANCS8540H. Vs. Vs. Vs. Vs. Assistant Assistant Assistant Assistant Commissioner of Commissioner of Commissioner of Commissioner of Income Tax, Income Tax, Income Tax, Income Tax, Circle International Taxation 3(1)(2), Circle International Taxation 3(1)(2), Circle International Taxation 3(1)(2), Circle International Taxation 3(1)(2), New Delhi. New Delhi. New Delhi. New Delhi. (Appellant) (Respondent) Appellant by : Shri Ajay Vohra, Senior Advocate & Shri Neeraj Jain and Shri Tavish Verma, Advocates. Respondent by : Shri Sanjay Kumar, Senior DR. Date of hearing : 0 0 0 04.10 4.10 4.10 4.10.2024 .2024 .2024 .2024 Date of pronouncement : 0 0 0 04 4 4 4. . . .10 10 10 10.2024 .2024 .2024 .2024 ORDER ORDER ORDER ORDER Per Saktijit Dey, Vice Per Saktijit Dey, Vice Per Saktijit Dey, Vice Per Saktijit Dey, Vice President President President President : : : : Captioned application has been filed by the assessee seeking stay on the recovery of outstanding demand of `49,32,66,918/- pertaining to assessment year 2021-21. 2. At the time of hearing, learned Senior Counsel for the assessee brought to our notice letter dated 16th April, 2024 issued by the Assessing Officer to the Commissioner of Income Tax (DR)-8, I-Bench, ITAT, New Delhi. Contents of the letter are as under :- “Subject : Undertaking for not enforcing recovery of outstanding demand in the case of Suzuki Motor Corporation for AY 2020-21 – regarding. Kindly refer to the subject mentioned above. In this regard, I would like to submit that in the instant case the Hon’ble ITAT, vide its order dated 03.02.2023 for AY 2017-18, has granted stay on recovery of outstanding demand till the Stay –394/Del/2024 2 disposal of the corresponding appeal of the assessee whichever is earlier. Further, in this case, for AY 2020-21 also, the Department has sought adjournment as per the directions of the office of the PR. CCIT(Intl. Tax). Therefore, it is submitted that this office will not take any action with respect to recovery of the demand till the disposal of the appeal of the assessee as the Department is seeking adjournment. Submitted for your kind perusal and necessary action.” 3. As could be seen from the aforesaid letter of the Assessing Officer, keeping in view the fact that the corresponding appeal could not be disposed of due to adjournment being sought by the Department as per the directions of Office of the Principal CCIT (Intl. Tax) an undertaking is being furnished by the Assessing Officer to the effect that no action will be taken for recovery of the outstanding demand till the disposal of the appeal. In view of the aforesaid undertaking tendered by the Assessing Officer, there is no need for issuing any order/direction on the application filed by the assessee. Hence, the application, having become infructuous, is treated as dismissed for statistical purposes. 4. In the result, the stay application of the assessee is dismissed. Above decision was pronounced in the open Court on 4th October, 2024 on conclusion of hearing. Sd/- Sd/- ( ( ( (S. RIFAUR RAHMAN S. RIFAUR RAHMAN S. RIFAUR RAHMAN S. RIFAUR RAHMAN) ) ) ) (SAKTIJIT DEY (SAKTIJIT DEY (SAKTIJIT DEY (SAKTIJIT DEY) ) ) ) ACCOUNTANT ACCOUNTANT ACCOUNTANT ACCOUNTANT MEMBER MEMBER MEMBER MEMBER VICE VICE VICE VICE PRESIDENT PRESIDENT PRESIDENT PRESIDENT VK. Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT Assistant Registrar "