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TMI Blog2017 (10) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... t it fit to extend the stay “for a further period of six months from today or till the disposal of the appeal, whichever is earlier”, the appeal not having been being disposed of, the ITAT was under no compulsion to immediately vacate the stay only because a request for an adjournment by one day was made by the AR of the Petitioner. The appeal, which is now listed for hearing before the ITAT on 20 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M.S.Syali, Senior Advocate with Mr.Mayank Nagi, Mr.Vikrant A. Maheshwari, Advocates For the Respondent : Mr. Asheesh Jain, Senior Standing Counsel for the Income Tax Department ORDER 1. The challenge in the present writ petition by the Petitioner Assessee is to an order dated 10th October 2017 passed by the Income Tax Appellate Tribunal ( ITAT ), whereby the stay earlier granted by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to granted may be extended. The ld. DR opposed the extension of stay. 3. We have heard the parties and perused the relevant material on record. It is indisputably found that the terms of stay have been duly compiled with. The appeal could not be finally heard for one reason or the other, but for no fault of the assessee. Considering the entirety of the facts and circumstances of the instant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tay should be vacated is definitely available with the ITAT but such discretion should be exercised judicially. Given the above background when as recently as on 4th August 2017, the ITAT thought it fit to extend the stay for a further period of six months from today or till the disposal of the appeal, whichever is earlier , the appeal not having been being disposed of, the ITAT was under no comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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