Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

2021 (4) TMI 840

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... ending appeals. He submitted that this particular lead appeal is pending for disposal and he brought to our notice page 5 of the stays application in which he brought to our notice various reasons for pending of this appeal. For the sake of clarity, which are reproduced below:- 14 Further, upon filing a petition for further extension of stay of demand on 26 July 2018, the said petition came up for hearing on 3 August 2018. During the said hearing, the Hon'ble members granted extension of stay of the balance outstanding demand in the open court which was intimated to the Deputy Commissioner of Income Tax - 1(1)(1) ('Assessing Officer') vide our letter dated 6 August 2018. However, the Applicant has not received a stay orde .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... t on 5 March 2019 is pending disposal. In order to protect the interest of the Applicant and to avoid any adverse consequences from the Assessing Officer, the Applicant is filing this fresh petition for extension of stay for consideration by the Tribunal. 16 The hearing for the appeal (on merits ie ITA No. 298/M/2014) had come up before Tribunal on various dates. However, the same was getting adjourned/ rescheduled due to the various reasons. The matter was finally heard during the period of 22 April 2015 to 28 May 2015 followed by a clarificatiory hearing on 21 August 2015. Subsequently, further hearings were held from 31 October 2016 to 15 June 2017 followed by clarificatiory hearings between 15 June 2018 to 10 July 2019. Given bel .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... tice that the lead case is pending from 2014 and Coordinate Bench has granted the stay on condition and after going through the argument of both the counsels, we are of the view that assessee has no fault for the delay in disposing of the pending appeals. Therefore, we are of the view that assessee deserves to be granted extension of stay for a period of 4 months and accordingly, we grant the same. 7. As submitted by Ld. AR, the hearing of appeal for Assessment Year 2009-10 is coming up on 30.03.2021, therefore we direct the Registry to fix for hearing of the other 3 appeals for Assessment Year 2010-11 to 2012-13 on the same date i.e. 30.03.2021. Accordingly, the stay applications filed by the assessee are allowed. 8. In the result, a .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates