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TMI Blog2024 (7) TMI 434X X X X Extracts X X X X X X X X Extracts X X X X ..... peedy disposal from the department as had been evidenced on record. Considering the totality of facts and circumstances of the case, specifically the delay caused by the department in not disposing the rectification application filed by the assessee dated 31.12.2020, we are of the considered view that DRP shall pass order within a period of two months from the date of receipt of this order and the ld. DR is directed to make all efforts and communications with the DRP so that the said pending proceedings are completed within the said time frame. The assessee is also directed to ensure requisite compliance with any notices of the DRP, if any, and make reasonable efforts so that the proceedings before the DRP are completed within the time limi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... granting the extension of stay realising the fact on record that the assessee had filed a rectification application dated 31.12.2020 before the DRP which has not been disposed off till the date by the said authority. It has been the contention of the assessee all throughout that if the DRP adjudicates and disposes off this rectification application then instead of any payment the assessee will be entitled for a refund. 4. That, at the time of hearing of this present application for extension of the stay, it was submitted by the ld. Counsel for the assessee, on being enquired by the Bench, that what reasonable efforts they have taken in all these time periods in order to get their rectification application disposed off by the DRP, it was su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bserve that because of the prolong nature of the proceedings, this stay has extended to even beyond the period of 365 days. In this regard, we hereby state that the Tribunal as the second appellate authority and the highest fact finding body has an inherent power to grant interim relief as has been held by the Hon'ble Supreme Court in the case of ITO Vs. N.K.Mohammed Kunhi, (1968) 2SCR 65 (SC). The power to grant stay is within the purview of the power of granting interim relief to the assessee, who has come on appeal before the Tribunal. In Narang Overseas (P) Ltd. (2007) 295 ITR 22, the Hon'ble Bombay High Court had held that it would not be possible to hold on to one hand that there is a vested right of appeal and on the other ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s bonafide and any delay in any proceedings if it is not attributable to the assessee, in such a case, the law specifies that the stay of demand may be extended even beyond the period of 365 days. 6. In the present case, it is correct that the proceedings going on with grant of extension of stay has exceeded 365 days, but at the same time, as we have examined the assessee has all throughout acted in a bonafide manner and has cooperated with the department but has not got any relief by way of disposal of its rectification application which is pending before the department. The assessee has also taken reasonable efforts to pursue the matter for a speedy disposal from the department as had been evidenced on record. Considering the totality of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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