Appeal details
Assessee PAN
Bench
Appeal Number
Appellant
Respondent
Appeal Type
Stay Application
Pronouncement Date
07-03-2025
Appeal Filed By
Assessee
Order Result
Partly Allowed
Bench Allotted
I
Assessment Year
2017-2018
Judgement Text
"1 \nSA no. 138/Del/2025 \n(In ITA no. 1307/Del/2022) \nA.Y. 2017-18 \n \n1 \n \nIN THE INCOME TAX APPELLATE TRIBUNAL \n(DELHI BENCH: ‘I’: NEW DELHI) \n \nBEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT, \nAND \nSHRI RAMIT KOCHAR, ACCOUNTANT MEMBER \n \nSA No.: 138/Del/2025 \n(Arising Out of ITA No.: 1307/Del/2022) \n(Assessment Year: 2017-18) \n \nWhirlpool of India Ltd. \nPlot no. 40, Whirlpool House, \nSector-44, \nGurgaon-122002, \nHaryana \n \nv. \nAsstt. \nCommissioner \nof \nIncome Tax, Circle-10(1), \nNew Delhi. \nPAN No: \nAAACW 1336 L \nAPPELLANT \n \nRESPONDENT \n \nAssesseeby : Shri Neeraj Jain, Adv.; & \n \n \n \nMs. Mansa Bhalla, CA \n \nRevenue by : Shri Rajesh Kumar Dhanishtha, Sr. DR \n \nDate of Hearing \n \n : 07.03.2025 \n \n \nDate of Pronouncement : 07.03.2025 \nORDER \n \nPER RAMIT KOCHAR, AM: \n \nThis stay application bearing SA no. 138/Del/2025, arising out \nof ITA no. 1307/Del/2022 for A.Y. 2017-18, has been filed by the \nassessee seeking extension of stay on recovery of outstanding demand \nfor A.Y. 2017-18. \n\n2 \nSA no. 138/Del/2025 \n(In ITA no. 1307/Del/2022) \nA.Y. 2017-18 \n \n2 \n \n2. \nThe learned counsel for the assessee submitted that the stay on \nrecovery of outstanding demand was earlier granted by the Tribunal, \nDelhi \nBench, \nDelhi, \nvide \norder \ndated \n10.06.2022(SA \nNo. \n161/Del/2022) for a period of 180 days or till disposal of the appeal \nwhichever is earlier, on the terms and conditions as are mentioned in \nthe said stay order. One of the condition for grant of stay on recovery \nof outstanding demand was that the demand of Rs. 57,88,084/- \narising out of additions to the tune of Rs. 50,93,000/- towards \nResearch and Development Expenditure and Rs. 49,00,000/- towards \nprovision for fair value loss on financial instruments, as per assessee’s \nown admission , they are not in dispute before the Tribunal, must be \npaid forthwith by the assessee. The stayon recovery of outstanding \ndemand was further extended by the Tribunal from time to time , vide \norders \ndated 10.02.2023(SA \nNo. \n70/Del/2023); \n01.09.2023(SA \nNo.328/Del/2022) \n; \n08.03.2024(SA \nNo. \n77/Del/2024); \nand \n27.09.2024(SA No. 358/Del/2024). While granting extension of stay \non recovery of outstanding demand as aforesaid , Tribunal has \nrecorded that the assessee has duly complied with the terms and \nconditions of the stay. It is the say of the learned counsel for the \nassessee that after the grant of the last stay on 27.09.2024 the \nhearing of the appeal was fixed before Division Bench on 3.10.2024 \nbut no hearing could take place due to non-functioning of the Bench \nand the appeal was adjourned to 18.12.2024. Again on 18.12.2024 , \nthe Bench did not function, and the hearing was adjourned to \n19.02.2025. It is further the say of ld. Counsel for the assessee that \n\n3 \nSA no. 138/Del/2025 \n(In ITA no. 1307/Del/2022) \nA.Y. 2017-18 \n \n3 \n \nagain on 19.02.2025, the appeal was adjourned to 08.04.2025 as the \nBench did not function on 19.02.2025. It is the say of the learned \ncounsel for the assesseethat the delay in disposal of the appeal is not \nattributable to any fault on the part of the assessee. The ld. Counsel \nfor the assessee stated before the Bench that the assessee had duly \ncomplied with the terms and condition of the stay on recovery of the \noutstanding demand granted earlier by the Tribunal vide order dated \n10.06.2022, which stay on recovery of outstanding demand was \nfurther extended by the Tribunal on the same terms and conditions. \nThus, it was prayed that the stay on recovery of outstanding demand \nbe further extended on the same terms and conditions. \n3. \nLearned Sr. DR could not controvert the factual position. \n4. \nAfter hearing both the parties, we have observed that there is \nno fault on the part of the assessee in non-disposal of the appeal in \nITA no. 1307/Del/2022, since the grant of the extension of stay by \nTribunal vide orders dated 27.09.2024. Thus, we are inclined to \nextend the stay on recovery of the outstanding demand for A.Y. \n2017-18 for a further period of 180 days or till the disposal of the \nappeal, whichever is earlier, on the same terms and conditions as \nwere stipulated by the Tribunal vide orders dated 10.06.2022 , \nwhich stay on recovery of outstanding demand was extended from \ntime to time by the Tribunal on the same terms and conditions. \nFurther, that the assessee will fully co-operate in speedy disposal of \nthe appeal by ITAT, and the assessee will not seek any un-\n\n4 \nSA no. 138/Del/2025 \n(In ITA no. 1307/Del/2022) \nA.Y. 2017-18 \n \n4 \n \nnecessary adjournments before the Tribunal in the appellate \nproceedings in ITA No. 1307/Del/2022 for assessment year 2017-\n18. On breach of aforesaid conditions, the stay shall stand vacated . \nThe appeal of the assessee in ITA no. 1307/Del/2022 for \nassessment year 2017-18is now coming up for hearing before “I” \nBench, Delhi on 08.04.2025. The terms and condition of the \nextension of the stay of demand as above were announced by \nDivision Bench during the course of hearing of stay application in \nopen Court. We once again clarify that we have not commented on \nthe merits of the issues arising in the appeal. We order accordingly. \n5. \n In the result, Stay Application filed by the assessee is partly \nallowed in the manner as indicated above. \n \nOrder pronounced in the open courton7th March, 2025. \n \n \n \n \n \n \n \n \nSd/- \n \n \n \n \n \nSd/- \n(MAHAVIR SINGH) \n \n \n \n(RAMIT KOCHAR) \nVICE PRESIDENT \n \n \nACCOUNTANT MEMBER \n \nDated: 11/03/2025. \n*MPV* \n \nCopy forwarded to: \n1. \nAppellant \n2. \nRespondent \n3. \nCIT \n \n \n \n\n5 \nSA no. 138/Del/2025 \n(In ITA no. 1307/Del/2022) \nA.Y. 2017-18 \n \n5 \n \n4. \nDRP \n \n5. \nDR \n \n Asst. Registrar, \n ITAT, New Delhi \n \n"
Mehul