9911796707
TMI Blog2019 (10) TMI 1460X X X X Extracts X X X X X X X X Extracts X X X X ..... en deposited in the government exchequer, therefore, the application filed by the assessee seeking extension of the stay on the recovery of the outstanding demand merits acceptance. Hon ble High Court of Bombay in the case of CIT Vs. Tata Tele Services (Maharashtra) Ltd. [ 2015 (12) TMI 1507 - BOMBAY HIGH COURT] , held that if the delay in disposing off the appeal is not attributable to the assessee, then the stay can be extended beyond the prescribed time limit provided under the statute. We are unable to persuade ourselves to subscribe to the objection of the ld. D.R to the grant of extension of the stay on the recovery of the outstanding demand of the assessee. Accordingly, in terms of our aforesaid observations, in the fitness of thi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tanding demand of ₹ 71,12,41,378/- for a period of 6 moths or till the date of order of the Tribunal, whichever was earlier. 3. It was submitted by the ld. Authorized Representative (for short A.R ) for the assessee that no default or lapses could be attributed to the assessee, which had led to the delay in disposal of the present appeal. Apart there from, it was submitted by the ld. A.R that the captioned appeal of the assessee stands fixed for hearing on 02.12.2019. It was vehemently submitted by the ld. A.R, that as a substantial amount towards outstanding demand had already been deposited by the assessee, and also no lapses or laches could be attributed to the assessee which had led to the delay in the disposal of the present ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exchequer, therefore, the application filed by the assessee seeking extension of the stay on the recovery of the outstanding demand merits acceptance. In the backdrop of the aforesaid facts, we may herein observe, that the Hon ble High Court of Bombay in the case of CIT Vs. Tata Tele Services (Maharashtra) Ltd., while disposing off the Writ Petition (Lodg) No.3437 of 2015, had vide its order dated 16.12.2015, held that if the delay in disposing off the appeal is not attributable to the assessee, then the stay can be extended beyond the prescribed time limit provided under the statute. At this stage, we may herein observe, that we are unable to persuade ourselves to subscribe to the objection of the ld. D.R to the grant of extension of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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