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2019 (7) TMI 1653 - AT - Income TaxStay petition - extension of stay on collection of outstanding disputed demand - delay in disposal of appeal - extension for a further period of 180 days - HELD THAT - Delay in disposal of appeal is not attributable to the assessee. Therefore, the stay is extended for a further period of 180 days commencing from today i.e.25-07-2019 till the disposal of appeal whichever is earlier. We want to make clear that the assessee should seek adjournment in course of the hearing of this appeal without justifiable reasons and if the assessee does so, the stay granted by this order shall stand vacated automatically. It has been intimated that appeal has been fixed for hearing on 06-11-2019. Stay petition is allowed
Issues:
Stay petition seeking extension of stay on collection of outstanding disputed demand for the assessment year 2012-13. Analysis: 1. Extension of Stay: The assessee filed a stay petition seeking an extension of stay on the collection of an outstanding disputed demand of ?1029.21 Crore for the assessment year 2012-13. The assessee's representative argued that there has been no change in circumstances since the previous grant of extension and that the delay in the disposal of the appeal is not due to the assessee. The Revenue Department opposed the extension of stay. 2. Decision: The Tribunal considered the submissions from both sides and noted that there has been no change in the circumstances of the case, and the delay in the disposal of the appeal is not attributable to the assessee. Consequently, the Tribunal extended the stay for a further period of 180 days from the date of the order until the disposal of the appeal, whichever is earlier. However, a condition was imposed that if the assessee seeks adjournment during the appeal hearing without justifiable reasons, the stay granted would automatically stand vacated. The appeal was scheduled for a hearing on 06-11-2019. 3. Outcome: The Tribunal allowed the stay petition, granting the extension of stay as indicated above. The order was pronounced in the open court, ensuring clarity and transparency in the proceedings.
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