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TMI Blog2019 (3) TMI 1346X X X X Extracts X X X X X X X X Extracts X X X X ..... covery of demand for a further period of three months from today or till the date of order of the Tribunal in assessee’s appeal, whichever is earlier. At this stage, we may also notice that the corresponding appeal of the assessee was posted today alongwith the stay application, but due to the non-availability of the counsel, it has been requested to be adjourned for further hearing on 28.01.2019 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stay as stated in the earlier paras. Accordingly, the stay application is disposed off as above. - SA NO. 528/MUM/2018 (Arising out of ITA NO. 1819/MUM/2016) - - - Dated:- 3-1-2019 - Shri G.S. Pannu, Vice President And Shri Ravish Sood, Judicial Member For the Applicant : Shri Aliasger Rampurawala For the Respondent : Shri Manish Kumar Singh (CIT-DR), Shri A.N. Bhalekar (AO) ORDE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t in the report that a refund of ₹ 7,59,94,310/- pertaining to Assessment Year 2010-11 has been determined payable to the assessee. It is brought out that the said refund has since not been granted to the assessee who has been pressing for the same. 4. Considering the position explained by both the sides, we deem it fit and proper to continue the stay on the recovery of demand for a furth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d under Section 254(2A) of the Income Tax Act, 1961, i.e. more than 365 days. In this context, it is noted that the Hon'ble Bombay High Court in the case of CIT vs. Tata Teleservices (Maharashtra) Ltd., Writ Petition (L) No. 3437/2015 dated 16.12.2015 (Bom.) has upheld the proposition that the Tribunal is vested with the power to extend the period of stay even beyond 365 days, if the circumsta ..... X X X X Extracts X X X X X X X X Extracts X X X X
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