Legal Document View

Unlock Advanced Research with PRISMAI

- Know your Kanoon - Doc Gen Hub - Counter Argument - Case Predict AI - Talk with IK Doc - ...
Upgrade to Premium
[Cites 0, Cited by 0]

Income Tax Appellate Tribunal - Delhi

Cairn India Limited, Haryana vs Acit, New Delhi on 5 April, 2024

Author: G.S. Pannu

Bench: G.S. Pannu

                                        1
                                                           SA nos. 102 to 106/Del/2024

             IN THE INCOME TAX APPELLATE TRIBUNAL
                   DELHI BENCH "D": NEW DELHI

              BEFORE SHRI G.S. PANNU, VICE PRESIDENT
                                AND
             SHRI ANUBHAV SHARMA, JUDICIAL MEMBER

       S.A. No. 102/Del/2024 (In ITA No. 2680/AHD/2012)        : A.Y. 2008-09
       S.A. No. 103/Del/2024 (In ITA No. 2681/AHD/2012)        : A.Y. 2009-10
       S.A. No. 104/Del/2024 (In ITA No. 2682/AHD/2012)        : A.Y. 2008-09
       S.A. No. 105/Del/2024 (In ITA No. 2683/AHD/2012)        : A.Y. 2009-10
       S.A. No. 106/Del/2024 (In ITA No. 2684/AHD/2012)        : A.Y. 2008-09

      Cairn India Ltd.,                           Vs      ACIT, Circle-
      (Erstwhile known as Cairn Energy India West         26(2),
             rd   th
      BV), 3 & 4 Floor, Vipul Plaza, Sun City,            New Delhi.
      Sector-54, Gurgaon-122003.
      PAN- AACCC8799D
      APPLICANT                                           RESPONDENT
      Assessee represented by                     Shri Ravi Sharma, Adv; &
                                                  Shri Kshitij Bansal, Adv.
      Department represented by                   Shri Amit Katoch, Sr. DR
      Date of hearing                             05.04.2024
      Date of pronouncement                       05.04.2024

                                   ORDER

PER ANUBHAV SHARMA, JM:

Heard and perused the record.

2. The applications in hand have been filed for extension of stay of the outstanding demand, in respective appeals for A.Y. 2008-09 and 2009-10.

3. The learned AR submitted that initially, having taken into consideration the merits of applications, vide consolidated order dated 21.12.2012, in respective corresponding appeals, the Tribunal had granted stay of the outstanding demand for a period of 180 days or disposal of corresponding appeals, whichever earlier, 2 SA nos. 102 to 106/Del/2024 subject to deposit of INR 25 crores ( in two installments of INR 12.5 crores each) and the assessee had duly complied with the aforesaid condition. Learned counsel pointed out that, subsequently, the stay was extended from time to time and lastly, vide consolidated order dated 06.10.2023, the Tribunal extended the stay for a further period of 180 days.

4. It comes up that thereafter, the corresponding appeals, when listed, stood adjourned but not at the behest of the assessee and the delay in disposal of the appeals is not attributable to the assessee. Further there is no change in facts and circumstances.

5. Hence, the stay applications in hand are allowed and the stay of the outstanding demand in corresponding appeals for A.Y. 2008-09 & 2009-10 is extended for a further period of 180 days or disposal of the corresponding appeals, whichever is earlier.

Order pronounced in open court on 05.04.2024.

      Sd/-                                                  Sd/-
(G.S. PANNU)                                       (ANUBHAV SHARMA)
VICE PRESIDENT                                     JUDICIAL MEMBER
*MP*
Copy forwarded to:
   1. Appellant
   2. Respondent
   3. CIT
   4. CIT(Appeals)
   5. DR: ITAT
                                                       ASSISTANT REGISTRAR
                                                            ITAT, NEW DELHI