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INCOME TAX APPELLATE TRIBUNAL (DELHI BENCH)
Vikas Awasthy, J, S Rifaura Rahman, ACJ
Ravi Sharma & Kshitij Bansal – Appellant
Versus
Amit Kotch – Respondent
| Table of Content |
|---|
| 1. tax residency and non-taxable income status. (Para 2 , 3) |
| 2. arguments from both sides regarding the stay applications. (Para 4 , 5) |
| 3. court's findings on the strong case for stay. (Para 6 , 7) |
| 4. procedural directions and implications of the stay. (Para 8 , 9 , 10 , 11) |
| 5. final ruling on the stay applications. (Para 12) |
आदशे /ORDER
PER VIKAS AWASTHY, JM:
These bunch of seven Stay Applications by different assesses are taken up together as the issues in the respective appeals germinate from identical set of facts and the additions in the respective appeals for AY 2022-23 are identical.
2. Shri Ravi Sharma representing the applicants/assessees submits that since these bunch of seven Stay Applications have identical set of facts, SA No. 163/Del/2025 be taken up as a lead case, hence, the facts are narrated from said Stay Application. The ld. Counsel submits that all the applicants/assessees are based in Ireland and are engaged in the business of leasing Aircrafts. Thus, the assessee(s)/applicant(s) are tax residents of Ireland. The applicants in the instant set of applications have leased aircrafts to a single entity in India i.e. Inter Globe Aviation Ltd. (in short ‘Ind
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