Income Tax Appellate Tribunal - Delhi
Vedanta Ltd (Successor To Cairn India ... vs Acit, Circle-26(2), International ... on 31 March, 2023
IN THE INCOME TAX APPELLATE TRIBUNAL,
DELHI BENCH: 'I' NEW DELHI
BEFORE SHRI ANIL CHATURVEDI, ACCOUNTANT MEMBER
AND
SHRI SAKTIJIT DEY, JUDICIAL MEMBER
S.A. No.156/Del/2023
[Arising out of ITA No.1891/Del/2014]
Assessment Year: 2009-10
And
S.A. No.157/Del/2023
[Arising out of ITA No.2680/AHD/2012]
Assessment Year: 2008-09
And
S.A. No.158/Del/2023
[Arising out of ITA No.2681/AHD/2012]
Assessment Year: 2009-10
And
S.A. No.159/Del/2023
[Arising out of ITA No.2682/AHD/2012]
Assessment Year: 2008-09
And
S.A. No.160/Del/2023
[Arising out of ITA No.2683/AHD/2012]
Assessment Year: 2009-10
And
S.A. No.161/Del/2023
[Arising out of ITA No.2684/AHD/2012]
Assessment Year: 2008-09
Vedanta Ltd. [Successor to Cairn Vs. ACIT,
India Ltd.(Appeal of Cairn Circle-26(2),
Energy India West BV continued International Taxation,
by erstwhile Cairn India Ltd. New Delhi
under scheme of arrangement
approved by Hon'ble Bombay
High Court),
Core-6, 3rd Floor, Scope
Complex-7, Lodhi Road,
New Delhi
PAN :AACCC8799D
(Applicant) (Respondent)
S.A. Nos.156 to 161/Del/2023
Applicant by Sh. Ravi Sharma, Advocate
Sh. Kshitz Bansal, CA
Respondent by Sh. Anuj Garg, Sr. DR
Date of hearing 31.03.2023
Date of pronouncement 31.03.2023
ORDER
PER SAKTIJIT DEY, JM:
Captioned applications have been filed by the assessee seeking extension of stay on recovery of outstanding demand pertaining to assessment years 2008-09 and 2009-10.
2. We have heard Sh. Ravi Sharma, learned counsel appearing for the assessee and Sh. Anuj Garg, learned Senior Departmental Representative.
3. It is observed, stay on recovery of outstanding demand was initially granted to the assessee by the Tribunal vide order dated 24.12.2019 and thereafter has been extended from time to time. The last order extending stay was passed on 13.09.2022. It is observed, the hearing in corresponding appeals pending before the Tribunal could not proceed due to adjournment being sought by the Revenue on the ground that appeals having identical issue are pending before the Hon'ble Supreme Court and the Hon'ble Supreme Court has directed that the pending appeals should not
2|Page S.A. Nos.156 to 161/Del/2023 be finalized till the matter is dealt with by the Hon'ble Supreme Court. This fact has been clearly mentioned in the order dated 13.09.2022 extending stay.
4. We are informed, now the appeals are fixed for hearing on 17.08.2023. Since, there is no change in the material facts based on which the stay was granted to the assessee earlier and has been extended from time to time, we are inclined to extend the stay on recovery of outstanding demand for a further period of 180 days from the date of this order or till the disposal of the corresponding appeals, whichever is earlier.
5. In the result, the stay applications are allowed.
Order pronounced in the open court on 31st March, 2023 Sd/- Sd/-
(ANIL CHATURVEDI) (SAKTIJIT DEY) ACCOUNTANT MEMBER JUDICIAL MEMBER Dated: 31st March, 2023.
RK/-
Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A)
5. DR Asst. Registrar, ITAT, New Delhi
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