Income Tax Appellate Tribunal - Delhi
Scj Plastics Private Limited,Delhi vs Commissioner Of Income Tax(Appeals) - ... on 21 March, 2025
IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI 'G' BENCH,
NEW DELHI
BEFORE MS. MADHUMITA ROY, JUDICIAL MEMBER, AND
SHRI NAVEEN CHANDRA, ACCOUNTANT MEMBER
SA No. 188/DEL/2025
(A/o ITA No. 6108/DEL/2024 [A.Y 2016-17])
SCJ Plastics Pvt. Ltd Vs. The C.I.T [A] - 34
3/10-11, Okhla Industrial Area Delhi
Phase - 1, Delhi
PAN - AAACS 1107 P
(Applicant) (Respondent)
Assessee By : Shri Gagan Kumar, Adv
Shri Gagandeep, Adv
Department By : Shri Shankar Gupta, Sr. DR
Date of Hearing : 21.03.2025
Date of Pronouncement : 21.03.2025
ORDER
PER NAVEEN CHANDRA, A.M:-
With this Stay Petition, the assessee has prayed for the stay of demand of tax amounting to Rs. 1,93,72,112/-.
.
Page 1 of 4 SA No. 188/DEL/2025
[A.Y. 2016-17] SCJ Plastics Pvt Ltd
2. In this stay petition, the ld. AR submitted that the assessee has a good prima facie case on merits and it is an admitted fact that the appeal is pending before the Tribunal. The ld. counsel for the assessee therefore, prayed that the Assessing Officer be directed not to initiate recovery proceedings against the assessee.
3. On the other hand, the ld. Sr. DR has contested this application and has further stated that absolute stay should not be granted and the assessee must be directed to deposit some tax in case stay is granted.
4. Before us, the ld. counsel for the assessee stated that he has already deposited a sum of Rs. 47,33,090/- i.e. more than 20% of the disputed amount. The ld. counsel for the assessee prayed for stay of the balance demand.
5. After considering the rival submissions and going through the stay application, we are of the considered opinion that a prima-facie case for grant of stay is made out in favour of the applicant. The balance of convenience is also in its favour. Page 2 of 4 SA No. 188/DEL/2025
[A.Y. 2016-17] SCJ Plastics Pvt Ltd Having regard to the facts and circumstances of the case, and in the interest of justice and fair play we order stay of the outstanding demand. Accordingly, we grant stay of the outstanding tax demand from today, i.e. the date of hearing 21.03.2025 for a period of 180 days or till the disposal of the appeal, whichever is earlier.
6. In the meanwhile, the Revenue is restrained from taking coercive steps for realization of the outstanding demand.
7. In the result, the Stay Application of the assessee in SA No. 188/DEL/2025 is allowed The order is pronounced in the open court on 21.03.2025.
Sd/- Sd/-
[MADHUMITA ROY] [NAVEEN CHANDRA]
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 21st MARCH, 2024.
VL/
Page 3 of 4
SA No. 188/DEL/2025
[A.Y. 2016-17] SCJ Plastics Pvt Ltd Copy forwarded to:
1. Appellant
2. Respondent
3. CIT
4. CIT(A) Asst. Registrar,
5. DR ITAT, New Delhi Sl PARTICULARS DATES No.
1. Date of dictation of Tribunal Order...
2. Date on which the typed draft Tribunal Order is placed before the Dictation Member
3. Date on which the fair Tribunal Order is placed before the other Member
4. Date on which the approved draft Tribunal Order comes to the Sr. P.S./P.S.
5. Date on which the fair Tribunal Order is placed before the Dictating Member for pronouncement
6. Date on which the signed order comes back to the Sr. P.S./P.S
7. Date on which the final Tribunal Order is uploaded by the Sr. P.S./P.S. on official website
8. Date on which the file goes to the Bench Clerk alongwith Tribunal Order
9. Date of killing off the disposed of files on the judiSIS portal of ITAT by the Bench Clerks
10. Date on which the file goes to the Supervisor (Judicial
11. The date on which the file goes to the Assistant Registrar for endorsement of the order
12. Date of Despatch of the Order Page 4 of 4