2018 (12) TMI 1937 - AT - Income Tax

Stay petition - Whether assessee has not violated the condition of stay? - HELD THAT - To verify the correctness of the submission of AR we verify the order sheets of the appeals and find that the contention of ld. AR of the assessee are correct,there is no intentional or deliberate delay in disposal of appeal on the part of assessee. Considering the submission of the assessee, the stay is further extended for three month or till the disposal of appeal whichever is earlier. All the conditions, if any, imposed in earlier orders will remain inforce.

Summary

Issues: Extension of stay granted to the assessee, delay in disposal of appeal, consideration of factual matrix, and imposition of conditions for stay extension.

In the judgment delivered by the Appellate Tribunal ITAT Mumbai, the issue at hand involved two stay applications filed by the assessee seeking an extension of the stay granted, which had expired. The assessee's representative highlighted that the stay was initially granted on a specific date and had been extended multiple times until the last extension on 27.04.2018. The representative further explained the sequence of events where the appeal hearings were adjourned due to various reasons, including the non-functioning of the bench and unavailability of the counsel for the assessee. The representative emphasized that the grounds of appeal in the current case were similar to those in another case of the assessee's group, the decision of which was pending. The assessee maintained compliance with the stay conditions and requested an extension for another six months or until the appeal's disposal.

The Revenue's representative did not contest the factual details presented by the assessee.

Upon reviewing the contentions of both parties and examining the order sheets of the appeals, the Tribunal found the assessee's submissions to be accurate. It was noted that there was no intentional delay on the part of the assessee in the appeal's disposal. Consequently, the Tribunal decided to grant a further extension of the stay for three months or until the appeal's finalization, whichever occurred earlier. Any previously imposed conditions for the stay would continue to be applicable.

Ultimately, the Tribunal disposed of both stay applications filed by the assessee in accordance with the decision made during the proceedings. The order was pronounced openly on 14th December 2018.