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TMI Blog2018 (6) TMI 1641X X X X Extracts X X X X X X X X Extracts X X X X ..... A) is constitutionally invalid. The net effect of this judgment is that if the appeal could not be disposed of by the Tribunal for no fault of the assessee, then the power vests with the Tribunal to extend the stay beyond the aggregate period of 365 days. On merits, it is indisputably found that the terms of stay originally granted have been duly complied with. The appeal could not be finally h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y originally granted by the Tribunal on 24.02.2015 as extended from time to time and lastly on 15.12.2017 in relation to the assessment year 2010-11. 2. The ld. AR submitted that the conditions stipulated, while granting original stay, were duly complied with and the delay in disposal of the appeal has not occurred due to the assessee. It was, therefore, prayed that the stay hitherto gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... facts and circumstances of the instant case, we are inclined to grant extension of stay for a further period of six months from today or till the disposal of the appeal, whichever is earlier. The appeal is stated to be fixed for hearing on 19.7.2018. 5. In the result, the stay application is allowed. Order pronounced in the open Court on 22.06.2018. - - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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