2020 (1) TMI 1203 - AT - Income Tax

Stay petition - stay for further period of 180 days - HELD THAT - There is no change in the facts and circumstances of the case and since the delay in disposing of the appeal is not attributable to the assessee, we are of the view that the stay already granted by the Tribunal deserves extension. Accordingly we extend the stay for further period of 180 days commencing from today i.e 10/11/2020 or till the date of disposal of the appeal, whichever period expires earlier. We make it clear that the assessee should not seek adjournment on the date of hearing without reasonable cause, failing which the present stay order shall be subjected to review by the Division Bench hearing the appeal. Stay application filed by the assessee is allowed.

Summary

Issues: Stay application seeking extension of stay granted by Tribunal.

Issue 1: Stay Extension Application
The assessee filed a stay application seeking an extension of the stay granted by the Tribunal in a previous order. The counsel for the assessee argued that the appeal was adjourned multiple times due to reasons beyond their control, leading to the stay granted earlier expiring soon. The Revenue, however, requested the assessee to pay further amounts towards the outstanding demand.

Issue 2: Rival Contentions
The Tribunal heard the rival contentions and noted that there were no changes in the facts and circumstances of the case. The delay in disposing of the appeal was deemed not attributable to the assessee. Consequently, the Tribunal decided to extend the stay for an additional 180 days from the date of the order or until the appeal's disposal, whichever comes first. The Tribunal also cautioned the assessee against seeking adjournments without reasonable cause, as such actions could lead to a review of the stay order by the Division Bench.

Conclusion
The Tribunal allowed the stay application filed by the assessee, extending the stay for a further period. The order was pronounced in the open court on 10th January 2020.