9911796707
TMI Blog2018 (12) TMI 1561X X X X Extracts X X X X X X X X Extracts X X X X ..... iginally granted in this case, the stay on collection/ recovery of outstanding demands of tax and interest, as set out in first paragraph earlier, is extended till 180 days from the date of this order or till the disposal of these appeals- whichever is earlier. Ordered, accordingly. - S P No. 68 and 69/Ahd/ 2018 And ITA No 1285/Ahd/2012 and 1822/Ahd/2014 - - - Dated:- 26-12-2018 - Mr P Bhatt, President And Pramod Kumar Vice President For The Applicant : Tushar P Hemani For The Respondent : Vinod Tanwani ORDER Per Justice P P Bhatt, President: 1. These stay applications seek extension of the stay granted by the Tribunal on 8th June 2018, in respect of balance income tax and interest demands, arising out ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 61, which unambiguously indicates the will of the legislature that hearing of a stay granted appeal should be concluded within one year. Learned counsel, however, hastens to add that while Hon ble Courts have read down the provisions of Section 254(2A) extending the scope of stay beyond one year, on account of ground realities about delay in disposal of appeals without the fault of the assessee, this fact does not belittle or overshadow unambiguous intent of legislature for expeditious hearing in such cases. He submits that here is a case in which despite the constitution of a special bench and the stay having been granted, the appeals have not even been listed for hearing for almost two years. Learned counsel submits that usually special b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these appeals so as to have the benefit of this Tribunal s guidance on this issue, for other cases as well. 4. We have noted that this bench was constituted, vide order dated 20th June 2016, to decide the following question: Whether or not the provisions of Section 92 can be invoked in a situation in which income of the assessee is eligible for tax exemption or tax holiday and thus not actually chargeable to tax in India, or in a situation in which there cannot be any motive in manipulating the prices at which international transactions have been entered into? 5. While the special bench was so constituted, it was observed that the date (of hearing) will be notified later . However, no date of hearing was scheduled thereafte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ensure timely disposal of appeals referred to the special benches. The importance of timely disposal of special bench cases and Third Member cases can hardly be over-emphasised. These cases deserve to be taken up on top priority basis. We are of the view that such an inordinate delay in fixation of hearing of special benches cases, particularly when stay is granted, is not only inappropriate and contrary to the scheme of the Act, but it does reduce the efficacy and utility of the mechanism of special benches to deal with important matters on which there is divergence of views by the division benches or which are otherwise of wider ramifications and national importance. Similarly, inordinate delays in disposal of Third Member cases, by itse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... owed with respect to Third Member cases, and the Registry will take up the matter with the respective benches, for scheduling the hearing, in terms of the above guidelines . 8. Let us now revert to the facts of this case. With the consent of the parties, the hearing of the related appeals is scheduled for 13th February 2019. As the date is announced in the open court, there is no need of issuing formal notices in this regard. As the delay in disposal of these appeals is not on account of any lapse on the part of the assessee, and as there is no change in the material facts and circumstances vis- -vis the material facts and circumstances when the stay was originally granted in this case, the stay on collection/ recovery of outstanding ..... X X X X Extracts X X X X X X X X Extracts X X X X
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