Income Tax Appellate Tribunal - Delhi
Goodyear India Ltd., Faridabad vs Dcit, Circle-10(1), New Delhi on 25 February, 2022
Author: G.S. Pannu
Bench: G.S. Pannu
IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH: 'I' NEW DELHI
BEFORE SHRI G.S. PANNU, HON'BLE PRESIDENT &
SHRI SAKTIJIT DEY, JUDICIAL MEMBER
Stay Application No. 67/Del/2022
Arising out of ITA No.346/Del/2022
Assessment Year: 2017-18
Goodyear India Ltd., Vs. DCIT,
Mathura Road, Ballabhgarh Circle-10(1),
Faridabad, Haryana, New Delhi
121001
PAN :AAACG3511H
(Applicant) (Respondent)
Applicant by S/Shri Ajay Vohra, Sr. Advocate &
Neeraj Jain & Abhishek Agarwal,
Advocates
Respondent by Shri Umesh Takyar, Sr. DR
Date of hearing 25.02.2022
Date of pronouncement 25.02.2022
ORDER
PER SAKTIJIT DEY, JM:
Captioned application has been filed by the assessee seeking stay on recovery of outstanding demand amounting to Rs.30,84,73,711 pertaining to assessment year 2017-18.
2. Shri Ajay Vohra, learned senior counsel appearing for the assessee submitted that some of the major additions made by the Assessing Officer aggregating to around Rs.60 crores would not 2 SA No. 67/Del./2022 be sustainable as identical issues have been decided by the Tribunal either in favour of the assessee or in favour of a group company in earlier assessment years. He submitted, if these additions are ultimately deleted, there may not be any demand against the assessee. Without prejudice, he submitted, refund due of Rs.7,42,34,300 pertaining to assessment year 2020-21 can be adjusted against the outstanding demand.
3. Learned Departmental Representative submitted, the assessee may be directed to pay 20% of the demand.
4. We have considered rival submissions and perused the material available on record. The sustainability or otherwise of the additions based on which the impugned demand has been created cannot be considered at this stage, but, can be examined when the appeal is taken up for hearing on merits. However, considering the prima facie case and balance of convenience, we are in favour of granting conditional stay to the assessee. Accordingly, we direct the Revenue to adjust the refund of Rs.7.42 crores pertaining to assessment year 2020-21 against the outstanding demand of the impugned assessment year.
5. Subject to the above, recovery of the balance outstanding demand will remain stayed for a period of six months from the 3 SA No. 67/Del./2022 date of this order or till the disposal of the corresponding appeal of the assessee, whichever is earlier.
6. Considering the submissions of the learned counsel for the assessee that certain issues arising in the appeal are covered in favour of the assessee by Tribunal's order for earlier assessment year, we are inclined to grant early hearing of the appeal, which is directed to be fixed for hearing on 27.04.2022. Paper book, if any, must be filed by the parties sufficiently ahead of the date of hearing the appeal in accordance with the extant rules. Since, the date of hearing of the appeal was announced in the open court in presence of both the parties, there is no need for issuance of separate notice of hearing to the parties.
4. In the result, the stay application is allowed to the extent indicated above.
Order pronounced in the open court on 25th February, 2022.
Sd/- Sd/-
( G.S. PANNU ) (SAKTIJIT DEY)
PRESIDENT JUDICIAL MEMBER
Dated: 25th February, 2022.
Mohan Lal
4
SA No. 67/Del./2022
Copy forwarded to:
1. Applicant
2. Respondent
3. CIT
4. CIT(A)
5. DR
Asst. Registrar, ITAT, New Delhi
Sl. No. Particulars Date
1. Date of dictation: 25.02.2022
2. Date on which the draft of order is placed before the 25.02.2022 Dictating Member:
3. Date on which the draft of order is placed before the other Member:
4. Date on which the approved draft of order comes to the Sr. PS/PS:
5. Date of which the fair order is placed before the 25.02.2022 Dictating Member for pronouncement:
6. Date on which the final order received after having been singed/pronounced by the Members:
7. Date on which the final order is uploaded on the website of ITAT:
8. Date on which the file goes to the Bench Clerk
9. Date on which files goes to the Head Clerk:
10. Date on which file goes to the Assistant Registrar for signature on the order:
11. Date of dispatch of order: