2013 (6) TMI 745 - AT - Income Tax

Summary

Issues involved: Stay applications for outstanding demands pending disposal of appeals u/s ITA Nos.4035, 4036, 4037, 4038, 4040, 4041/Mum/2013, Assessment Year: 2009-10.

Summary:
In a consolidated order, the Appellate Tribunal ITAT Mumbai heard and disposed of stay applications concerning common issues. The assessees sought stay of outstanding demands pending the disposal of appeals. The Tribunal had previously granted stay in similar matters, and the representatives of both parties presented their arguments. The Tribunal found merit in the submissions of the assessee's Senior Counsel regarding the previous stay granted by the Tribunal. Referring to a specific order, the Tribunal granted stay until a specified date, considering the similar issues involved in the appeals. The appeals were directed to be fixed for a hearing before the Regular "I" Bench on a specific date without sending further notice. Consequently, all stay applications were allowed, granting stay until the specified date, and the appeals were scheduled for a hearing before the Regular Bench.

This judgment highlights the Tribunal's consideration of previous orders granting stay in similar matters, emphasizing the need for a prima facie case for the grant of stay and the relevance of specific judgments by the Jurisdictional High Court. The decision to grant stay until a specified date reflects the Tribunal's approach to ensuring fairness and timely resolution of appeals.