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TMI Blog2020 (10) TMI 927X X X X Extracts X X X X X X X X Extracts X X X X ..... he original stay was granted by the Tribunal on 20.03.2020. We do not mean and hold that the Tribunal cannot grant stay beyond 365 days but that aspect we are leaving open for a decision in some other appropriate case because in the present case, even by granting extension of stay up to 19.03.2021, total stay granted by the Tribunal does not exceed 365 days and therefore, in the present case, we feel that we are not required to adjudicate this aspect of the matter i.e. amended second proviso to section 254 (2A). Stay Petitions filed by the assessee are allowed. X X X X Extracts X X X X X X X X Extracts X X X X ..... in respect of Assessment Years 2011-12 to 2014-15 and copy of this SP order is available on pages 100 to 102 of the SP filed by the assessee for Assessment Year 2011-12 in SP No.168/Bang/2020. He pointed out that as per this SP order, it is noted by the Tribunal that the hearing of the relevant appeals is fixed on 06.08.2020 and it is also noted by the Tribunal in the same para 4 of this SP order that the payment already made by the assessee is about 51% of total disputed demand of tax and interest. He pointed out that on 06.08.2020, the hearing could not take place because it is noted by the Bench that the issue contested in these appeals is identical with the issue pending with the Special Bench of the Tribunal i.e., secondment issue and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncluding demand raised under section 201(1) of the Act of ₹ 13,82,21,967/- and under section 201(1A) of the Act of ₹ 4,28,48,810/- and against this disputed demand, the assessee has already made payment of ₹ 9,61,96,623/- and the total outstanding disputed demand for this year is only ₹ 8,48,74,153/- and in this manner, the payment made by the assessee for this year is about 53.13%. Regarding Assessment Year 2018-19 he submitted that the total disputed demand for this year is ₹ 11,17,09,691/- including the demands raised under section 201(1) of the Act of ₹ 11,42,76,921/- and under section 201(1A) of the Act of ₹ 2,53,74,062/- and for this year, assessee has already made payment of ₹ 7,41,91,7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under the provisions of Income Tax Act and then only, stay should be granted by the Tribunal. He submitted that for the purpose of this amended first proviso, the payment of 20% should be after the amendment in the first proviso to section 254(2A) and the extension of stay should be granted by the Tribunal subject to this condition. 3. We have considered the rival submissions. In the facts of the present case, even if we grant extension of stay of slightly less than 6 months from the date of the present stay order then also the total stay granted by the Tribunal will not exceed 365 days because originally stay was granted by the Tribunal on 20.03.2020 for Assessment Year 2011-12 to Assessment Year 2014-15 and therefore, in the facts of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for this purpose, all payments made by the assessee after raising of demand by the AO has to be considered and when we do so, we find that the payments made by the assessee is already much in excess of 20% of the disputed demand of tax, interest, fee, penalty, etc., and in this manner, the amended first proviso to section 254(2A) gets satisfied in the present case. In view of the above discussion, we grant extension of stay up to 19.03.2021 in order to ensure that the total stay granted by the Tribunal does not exceed 365 days because the original stay was granted by the Tribunal on 20.03.2020. By holding so, we do not mean and hold that the Tribunal cannot grant stay beyond 365 days but that aspect we are leaving open for a decision in so ..... X X X X Extracts X X X X X X X X Extracts X X X X
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