2023 (9) TMI 1682 - AT - Income Tax

Seeking extension on stay of recovery of outstanding demand - HELD THAT -While considering the initial stay application filed by the assessee the Tribunal had granted conditional stay vide order dated 09.09.2022 which was subsequently extended vide order dated 17th March 2023. Cause for non-disposal of the corresponding appeal is not attributable to the assessee. We are informed now the appeal is fixed for hearing on 08.11.2023. Since there is no change in the facts and circumstances of the case based on which stay was earlier granted we are inclined to extend stay on recovery of outstanding demand for a further period of 180 days from the date of this order or till the disposal of the corresponding appeal whichever is earlier. Stay application is allowed.

Summary

The Appellate Tribunal (ITAT Delhi) considered the assessee's application for extension of stay on recovery of outstanding demand for AY 2018-19. The Tribunal noted that an initial conditional stay was granted on 09.09.2022 and extended on 17.03.2023. The delay in disposal of the appeal was "not attributable to the assessee," and the appeal was scheduled for hearing on 08.11.2023. Finding "no change in the facts and circumstances" since the earlier stay orders, the Tribunal extended the stay "for a further period of 180 days from the date of this order or till the disposal of the corresponding appeal, whichever is earlier." The stay application was accordingly allowed.