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2018 (9) TMI 2040 - AT - Income TaxStay petition - stay of demand was granted on the condition of the assessee depositing in four equal instalments - HELD THAT:- The assessee deposited the said amounts and the copies of challans were found to be on record. Subsequently the stay was extended on 03/03/2017 and 08/09/2017 for a period of 180 days each. As further submitted that the matter was adjourned from time to time at the request of the revenue and also awaiting the directions of the Hon'ble VP on the application filed by the revenue for constitution of Special Bench to hear similar matters. This fact pleaded on behalf of the assessee is not controverted by the revenue, thereby making it clear that the reason for non-disposal of the appeal cannot be attributed to the conduct of the assessee - we are of the considered opinion that the extension of stay cannot be denied to the assessee. Though the revenue pleads for a direction against the assessee for deposit of some amount, we do not see any reason for changing the terms of the order dated 2nd of March 2016. Stay order dated 02/03/2016 (supra), extended thereafter from time to time is ordered to be further extended for 6 months or till the appeal is disposed of, whichever is earlier, subject to the rider that the assessee shall not delay the disposal of appeal in any manner, lest the stay granted shall stand vacated. The ld. AR submitted that now the matter is listed for hearing on 27th September, 2018 - Stay application of the assessee is allowed.
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