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2015 (4) TMI 223 - HC - Income TaxExtension of stay - Held that - This Court has extended the stay initially granted by the Tribunal till the disposal of the appeal by the Tribunal in exercise of its jurisdiction under Article 226 of the Constitution. In fact, it is settled law that there is no bar for grant of such a relief if the Court is of the opinion that the circumstances and the ends of justice so warrant. This has also been stated clearly in Maruti Suzuki (2014 (2) TMI 1037 - DELHI HIGH COURT). We feel that since the petitioner had already been granted conditional stay by the Tribunal in respect of the said appeal and that the Tribunal is in the midst of hearing the appeal, it would be in the interest of justice that the stay order granted by the Tribunal is continued till the disposal of the appeal by the Tribunal. It is ordered accordingly. The writ petition stands disposed of.
Issues:
1. Extension of stay in respect of the assessment year 2009-10 till the disposal of the appeal by the Tribunal. Analysis: 1. The petitioner filed an appeal before the Income Tax Appellate Tribunal against an assessment order and obtained an initial stay of demand on 31.03.2014. A subsequent order on 19.09.2014 extended the interim stay. However, a Division Bench decision clarified that the Tribunal cannot extend the stay beyond 365 days from the initial grant. Since the 365-day period would expire on 30.03.2015, the petitioner could not seek further extension from the Tribunal. Despite the appeal being listed for hearing on 13.04.2015, it could not proceed due to reasons not attributed to the petitioner. 2. Due to these circumstances, the petitioner approached the High Court through a writ petition seeking an extension of stay until the Tribunal's appeal disposal. The Court noted previous orders where it had extended stays granted by the Tribunal until appeal disposal under Article 226 of the Constitution. The Court emphasized that if circumstances and justice warrant, such relief can be granted, as established in the Maruti Suzuki case. 3. Considering that the petitioner had conditional stay from the Tribunal and the appeal was under Tribunal hearing, the Court deemed it just to continue the stay order until the appeal's disposal by the Tribunal. Consequently, the writ petition was disposed of, and the stay was extended accordingly.
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