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Maruti Suzuki India Ltd. Plot No. 1, Nelson Mandela Road, Vasant Kunj, vs. DCIT, Circle- 16(1), Room No. 312, C.R. Building New Delhi.
January, 17th 2019
                                                       Stay No. 970/Del/2018
                                                  (IN ITA No. 8009/Del/2018)
                                                      Maruti Suzuki India Ltd.

             DELHI BENCHES: `I-1', NEW DELHI


                     Stay No. 970/Del/2018
                  (IN ITA No. 8009/Del/2018)
                          AY: 2014-15
Maruti Suzuki India Ltd.      vs. DCIT, Circle- 16(1),
Plot No. 1, Nelson Mandela        Room No. 312, C.R. Building
Road, Vasant Kunj,                New Delhi.
New Delhi, Pin- 110070.

   (Appellant)                              (Respondent)
       Assessee by          :    Shri Ajay Vohra, Sr. Adv.
                                 Mr. Rohit Jain, Adv.
                                 Ms. Tejasavi Jain, Adv.
       Department by        :    Sh. Sandeep Kr. Mishra, Sr.D.R.

       Date of Hearing           :    16/01/2019
       Date of Pronouncement :        16/01/2019

       Present stay application has been filed by applicant, seeking
stay of outstanding demand inclusive of interest amounting to
2.     Ld.Counsel submitted that huge demand arises on account
of various additions/disallowances made in the assessment order
aggregating    to   Rs.3405.77   crores   out   of   which         certain
additions/disallowances are covered in favour of applicant by

                                                                  Page 1 of 6
                                                              Stay No. 970/Del/2018
                                                         (IN ITA No. 8009/Del/2018)
                                                             Maruti Suzuki India Ltd.

orders for preceding assessment years, passed by Hon'ble Delhi
High Court in assessee's own case, or by order of this Tribunal.
He submitted that except for issue relating to disallowance of CS
are   expenditure,       treatment   of     mutual   fund       income         and
disallowance on purchase of Maruti Suzuki Corporation, for non-
deduction of tax, all other issues stands fully covered in favour of
assessee. Referring to a chart placed at page 72.1-72.2 being
Annexure-B of stay application, Ld.Counsel submitted that, all
these issues are recurring issues and are pending before this
Tribunal from assessment year 2010-11 onwards.
3.    He referred to paper book wherein, stay orders passed for
earlier assessment years has been placed. Ld.Counsel submitted
that this Tribunal was pleased to keep the entire outstanding
demand in abeyance for recovery. He therefore stated that
balance of convenience shifts in favour of assessee and therefore
stay of entire outstanding demand deserves to be granted to
4. On the contrary, Ld.Sr.DR submitted that, there is no financial hardship established by assessee and therefore assessee may be directed to pay at least 50% of outstanding demand in view of this application. 5. We have perused submissions advanced by both sides in the light of the records placed before us. 6. Referring to Annexure-B placed at page 72.1-72.2 of stay application, it is observed that additions on account of disallowance under section 43B, disallowance under section 14 a, disallowance of royalty paid and cess on royalty TP adjustment on account of Brand royalty, disallowance on account of foreseen Page 2 of 6 Stay No. 970/Del/2018 (IN ITA No. 8009/Del/2018) Maruti Suzuki India Ltd. price increase, disallowance on account of warranty claimed, sales tax exemption, computational errors while adding disallowance in business income stands fully covered in favour of assessee either by decision of Hon'ble Delhi High Court or by decision of this Tribunal in assessee's own case. 7. Further the remaining disallowances in respect of CSR expenditure, claim of deduction under section 35 (2AB), disallowance of purchases on account of non-deduction of tax from payments made to SMC, income from trading in mutual funds which has been treated as business income and not as long-term/short term capital gain by Ld.AO are the only issue that needs to be addressed by the parties and considered by this Tribunal. The major addition amongst the undecided issues pertains to disallowance of claim of deduction under section 35 (2AB) amounting to Rs.13,12,93,58,876/- and remaining contested disallowances are small as compared to disallowance of claim of deduction under section 35 (2AB). Further it is already recorded in stay application No. 20/del/2016 in ITA No. 289/del/2016 for assessment year 2011-12 that Hon'ble Delhi High Court in earlier years has stayed recovery on account of disallowance of claim of deduction under section 35 (2AB). Further Ld.Sr.DR has not been able to bring out on record any distinguishing feature to take a different view. Under such circumstances, we are not inclined to accept submissions of Ld.Sr.DR for part payment of outstanding demand. Respectfully following stay orders passed in preceding assessment years on similar facts and circumstances, we are inclined exercise are discretion by grantin stay of (180 days) recovery of outstanding Page 3 of 6 Stay No. 970/Del/2018 (IN ITA No. 8009/Del/2018) Maruti Suzuki India Ltd. demand for a period of 6 months or till disposal of appeal, whichever is earlier. 8. Ld.Counsel submitted that, appeals for preceding assessment years have been fixed for hearing on 31/01/2019. Accordingly we direct registry to fix present appeal being ITA No. 8009/del/2018 on 31/01/19. Needless to say that assessee shall not take any adjournments without there being any cogent reason, or else the stay granted, would stand vacated. 9. In the result stay application filed by assessee stands allowed. Order pronounced in the open court on 16/01/2019. Sd/- Sd/- (R.K. PANDA) (BEENA A PILLAI) ACCOUNTANT MEMBER JUDICIAL MEMBER Dt. 16/01/2019 Bidhan Page 4 of 6 Stay No. 970/Del/2018 (IN ITA No. 8009/Del/2018) Maruti Suzuki India Ltd. Copy forwarded to: - 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT - TRUE COPY - By Order, ASSISTANT REGISTRAR ITAT Delhi Benches Page 5 of 6 Stay No. 970/Del/2018 (IN ITA No. 8009/Del/2018) Maruti Suzuki India Ltd. S.No. Details Date 1 Draft dictated on Dragon 16/01/19 2 Draft placed before author 16/01/19 Draft proposed & placed 16/01/19 3 before the Second Member Draft discussed/approved 16/01/19 4 by Second Member Approved Draft comes to 5 the Sr. PS/PS 6 Kept for pronouncement 16/01/19 7. Order uploaded on 8 File sent to Bench Clerk Date on which the file 9 goes to Head Clerk Date on which file goes to 10 A.R. 11 Date of Dispatch of order Page 6 of 6
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