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Income Tax Appellate Tribunal - Delhi

Lg Electronics Inc. , Korea vs Dcit Int. Taxation, Circle 2(2)(1), New ... on 20 May, 2022

Author: G.S. Pannu

Bench: G.S. Pannu

        IN THE INCOME TAX APPELLATE TRIBUNAL,
              DELHI BENCH: 'D' NEW DELHI

       BEFORE SHRI G.S. PANNU, HON'BLE PRESIDENT
                          AND
          SHRI SAKTIJIT DEY, JUDICIAL MEMBER

                    S.A. Nos.128/Del/2022
            [Arising out of ITA No.7011/Del/2019]
                   Assessment Year: 2015-16

                              And
                    S.A. Nos.129/Del/2022
            [Arising out of ITA No.7012/Del/2019]
                   Assessment Year: 2016-17

                              And
                   S.A. Nos.130/Del/2022
            [Arising out of ITA No.179/Del/2021]
                  Assessment Year: 2017-18

M/s. LG Electronics Inc., Vs. DCIT,
Korea,                        International Taxation,
C/o- S/sh Amit Shrivastava    Circle -2(2)(1),
& Ankul Goyal, Advocates,     New Delhi
AZB & Partners,
A-8, Sector -4,
Noida
PAN :AAACL7929E
         (Applicant)                   (Respondent)


            Applicant by     Sh. Deepak Chopra, Advocate
                             Sh. Ankul Goel, Advocate
            Respondent by    Sh. Mrinal Kumar Das, Sr. DR


                     Date of hearing                20.05.2022
                     Date of pronouncement          20.05.2022
                                  2
                                      S.A. Nos.128, 129 & 130/Del/2022




                              ORDER

PER SAKTIJIT DEY, JM:

Captioned applications have been filed by the assessee seeking extension of stay on recovery of outstanding demands pertaining to assessment years 2015-16, 2016-17 and 2017-18.

2. We have heard Sh. Deepak Chorpa, learned counsel appearing for the assessee and Sh. Mrinal Kumar Das, learned Departmental Representative.

3. It is evident, while considering the earlier stay applications filed by the assessee, the Tribunal not only had granted stay on recovery of outstanding demand but stay so granted was extended from time to time. On perusal of materials placed before us, we are further convinced that the cause for non-disposal of the corresponding appeals cannot be attributed to the assessee. Thus, prima facie, we are of the view that the facts and circumstances, based on which, stay was earlier granted to the assessee and extended from time to time, have not changed, in the meanwhile. Further, it has been brought to our notice that the corresponding appeals are now fixed for hearing on 27.06.2022. Thus, upon due consideration of the aforesaid 3 S.A. Nos.128, 129 & 130/Del/2022 factual position, we are inclined to extend the stay granted earlier for a further period of 180 days from the date of this order or till the disposal of the appeals, whichever is earlier.

4. In the result, stay applications are allowed, as indicated above.

Order pronounced in the open court on 20th May, 2022 Sd/- Sd/-

         (G.S. PANNU)                         (SAKTIJIT DEY)
          PRESIDENT                          JUDICIAL MEMBER

Dated: 20th May, 2022.
RK/-
Copy forwarded to:
1.    Appellant
2.    Respondent
3.    CIT
4.    CIT(A)
5.    DR
                                        Asst. Registrar, ITAT, New Delhi