9911796707
TMI Blog2023 (12) TMI 1330X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench or adjournment request at the end of the Revenue, this appeal could not be disposed of. Apart from the above fact, there is one more important fact brought to our notice, namely the assessee has filed a rectification application before the ld. DRP, whose disposal is still pending. According to the assessee, if that application is allowed, then, instead of any payment, assessee will be entitled for a refund. Therefore, while earlier extending the stay, Bench has observed that adjudication of that application has a bearing on the ultimate disposal of the appeal. We allow this application and extend the stay on the recovery of demand for a period of 180 days or till the disposal of the appeal, whichever event occurs first. The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ;ेश / ORDER Per Sanjay Garg, Judicial Member : The present stay application is directed at the instance of the assessee for extension of grant of ad-interim stay of the outstanding demand amounting to Rs.7,34,33,297/-. 2. The ld. Counsel for the assessee submitted that the Hon ble ITAT was pleased to grant an ad-interim stay in this matter vide its order dt. 11/07/2022 rendered in S.A. No. 2/Ran/2022. The ITAT in this order had granted the stay by holding as follows:- 3. We find that this stay application was listed on 08/06/2022. A similar plea was raised at that point also. The Tribunal had adjourned the hearing expecting early disposal of the application before the DRP and refrained from passing any stay order in respect of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d circumstances of the case, we deem it appropriate to extend the grant of the stay for six months or till the disposal of the main appeal before the Tribunal, whichever is earlier. 5. The application for extension of stay is disposed of with the above terms. Order pronounced in the Court on 24th May, 2023 at Kolkata. Sd/- Sd/- (Manish Borad) (Sanjay Garg) Accountant Member Judicial Member Kolkata, Dated 24/05/2023 3. With the assistance of ld. Representatives, we have perused the record and find that the assessee has not sought any adjournment, rather applied for early hearing so that appeal could be disposed of on an early date. Due to certain unavoidable circumstances, namely non-functionality of the Bench or adjournment request at the e ..... X X X X Extracts X X X X X X X X Extracts X X X X
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