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2019 (10) TMI 1460 - AT - Income TaxStay on the recovery of the outstanding demand - outstanding refund adjustment against the outstanding demand - HELD THAT:- A substantial amount had already been recovered by the revenue as against its original outstanding demand for the year under consideration - we find that the delay in the disposal of the present appeal cannot be attributed to any default or lapse on the part of the assessee. Assessee had duly complied with the directions of the Tribunal and a substantial part of the total demand had already been 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 things the stay on the recovery of the outstanding demand is extended for a further period of six months or till the disposal of the appeal, whichever is earlier - Stay application filed by the assessee is allowed.
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