Honda Cars India Ltd. v. DCIT, New Delhi
[Citation -2016-LL-1014-29]

Citation 2016-LL-1014-29
Appellant Name Honda Cars India Ltd.
Respondent Name DCIT, New Delhi
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 14/10/2016
Assessment Year 2010-11
Judgment View Judgment
Keyword Tags extension of time
Bot Summary: PAN: AAACH1765Q Assessee by: Shri Amit Srivastava, Advocate Revenue by: Shri S.K. Jain, Sr. DR Date of Hearing 14.10.2016 Date of Pronouncement 14.10.2016 ORDER PER R. S. SYAL, AM: By means of the present stay application, the assessee seeks further extension of the stay originally granted by the Tribunal on 05.09.2014 as 2 SA No. 479/Del/2016 extended on 27.2.2015, 14.10.2015 and 18.4.2016 in relation to the assessment year 2010-11. AR submitted that the conditions stipulated, while granting original stay, were duly complied with and the delay in disposing of the appeal has not occurred due to the assessee. It was prayed that the stay hitherto granted may be extended. The net effect of this judgment is that if the appeal could not be disposed of by the Tribunal for no fault of the assessee, then the power vests with the Tribunal to extend the stay beyond the aggregate period of 365 days. On merits, it is indisputably found that the terms of stay originally granted have been duly complied with. The appeal could not be finally 3 SA No. 479/Del/2016 heard for one reason or the other for no fault of the assessee. Considering the entirety of the facts and circumstances of the instant case, we are inclined to grant extension of stay for a further period of six months from today or till the disposal of the appeal, whichever is earlier.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY NEW DELHI BEFORE SHRI R. S. SYAL, ACCOUNTANT MEMBER AND SHRI C.M. GARG, JUDICIAL MEMBER S.A. No.479/Del/2016 (In I.T.A No.4491/Del/2014) Assessment Year : 2010-11 Honda Cars India Ltd., Vs DCIT, A-1, Sector-40/41, NBCC Plaza, Surajpur-Kasna Road, Pushp Vihar IV, Greater Noida, Saket, Uttar Pradesh. New Delhi. PAN: AAACH1765Q (Applicant) (Respondent) Assessee by: Shri Amit Srivastava, Advocate Revenue by: Shri S.K. Jain, Sr. DR Date of Hearing 14.10.2016 Date of Pronouncement 14.10.2016 ORDER PER R. S. SYAL, AM: By means of present stay application, assessee seeks further extension of stay originally granted by Tribunal on 05.09.2014 as 2 SA No. 479/Del/2016 extended on 27.2.2015, 14.10.2015 and 18.4.2016 in relation to assessment year 2010-11. 2. ld. AR submitted that conditions stipulated, while granting original stay, were duly complied with and delay in disposing of appeal has not occurred due to assessee. It was, therefore, prayed that stay hitherto granted may be extended. ld. DR opposed extension of stay. 3. We have heard parties and perused relevant material on record. Hon ble Delhi High Court in Pepsi Foods Pvt. Ltd vs. ACIT (2015) 376 ITR 87 (Del) has held that third proviso to section 254(2A) is constitutionally invalid. net effect of this judgment is that if appeal could not be disposed of by Tribunal for no fault of assessee, then power vests with Tribunal to extend stay beyond aggregate period of 365 days. 4. On merits, it is indisputably found that terms of stay originally granted have been duly complied with. appeal could not be finally 3 SA No. 479/Del/2016 heard for one reason or other, but, for no fault of assessee. Considering entirety of facts and circumstances of instant case, we are inclined to grant extension of stay for further period of six months from today or till disposal of appeal, whichever is earlier. appeal has been now stated to be fixed for hearing on 06.12.2016. 5. In result, stay application is allowed. Order pronounced in open Court on 14.10.2016. Sd/- Sd/- (C.M. GARG) (R. S. SYAL) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 14.10.2016 dk Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR Honda Cars India Ltd. v. DCIT, New Delhi
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