2019 (3) TMI 1907 - AT - Income Tax

Stay petition - present applications under Rule 35A of ITAT Rules, 1963, has sought to extend the operation of stay order which demand for AY 2011-12 raised by the Revenue was stayed as per the directions mentioned therein, on the ground that the delay in disposal of the appeal filed by the assessee is not attributable to the assessee - HELD THAT - Keeping in view the averments made in the application under consideration, which got duly corroborated from the orders of hearing recorded by the Hon ble Bench having not been controverted by the Ld. DR, the delay in disposal of appeal is not attributed to the appellant, in any manner whatsoever and, as such, we are of the opinion that the application under consideration is liable to be succeeded. Consequently, the stay order dated 02.03.2016, (supra), thereafter extended vide orders dated 09.09.2016, 03.03.2017, 08.09.2017, 09.03.2018 14.09.2018, are ordered to be further extended for six months or till the appeal is disposed of whichever is earlier subject to the rider that assessee shall not delay the disposal of appeal in any manner otherwise stay granted shall be vacated.

Summary

The Appellate Tribunal ITAT Delhi extended the stay order for M/s. Religare Capital Markets Ltd. for the demand of Rs. 108,00,01,540/- for AY 2011-12. The delay in appeal disposal was not attributed to the appellant, so the stay order was further extended for six months or until the appeal is disposed of, with a condition not to delay the appeal process.