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2018 (9) TMI 1942 - AT - Income TaxExtension of stay granted earlier by the Tribunal for the outstanding demand - HELD THAT:- We find that assesssee does have prima facie balance of convenience in its favour for extending stay for the reason that :- Firstly, earlier this Tribunal after considering entire facts and circumstances has granted stay for the period of six months ; Secondly, there is fault on the part of the assessee in not conducting the appeals as the hearing could not take place for the reason that one of the issues involved has been referred to a larger Special Bench at Mumbai which is still pending. Thirdly in the earlier years similar issue is involved and has been decided in favour of the assessee and Lastly the assessee has given the working of the demand and if one of the issues in which it has been made by the Ld. CIT(A) that disallowance made on account of supplementary rent is allowed to the fact that the issue of supplementary rent which has been decided by the Tribunal in favour of the assessee in asstt. Year 2007-08 question of law has not been admitted by the Hon’ble Delhi High Court, then in that situation coupled with the fact that MAT credit is given, then virtually there would be no demand outstanding. In view of the aforesaid reason we are extending the stay further period of six months or till the date of the passing of the order whichever is earlier.
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