2023 (3) TMI 1571 - AT - Income Tax

Seeking extension of stay on recovery of outstanding demand - HELD THAT - As observed while considering the initial stay application filed by the assessee the Tribunal vide order 2022 (9) TMI 1664 - ITAT DELHI had granted conditional stay subject to adjustment of refund of Rs. 39, 00, 00, 000 against the outstanding demand. Though early hearing of the appeal was directed however the cause of non-disposal of appeal cannot be attributed to the assessee. We are informed now the appeal is fixed for hearing on 03.05.2023. Since the material facts based on which stay was earlier granted to the assessee have not changed we are inclined to extend 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. In the result the stay application is allowed.

Summary

The Appellate Tribunal (ITAT Delhi), through Judicial Member ShaktiJit Dey, considered the assessee's application for extension of stay on recovery of outstanding demand for AY 2018-19. The Tribunal noted its earlier order dated 09.09.2022 granting conditional stay subject to adjustment of refund of Rs. 39 crore. Despite directions for early hearing, delay in appeal disposal was not attributable to the assessee, with the appeal now fixed for 03.05.2023. Since the material facts remain unchanged, 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.