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2017 (10) TMI 1007 - HC - Income TaxExtension of the stay of outstanding demand - Held that:- Whether an order of stay should be vacated is definitely available with the ITAT but such discretion should be exercised judicially. Given the above background when as recently as on 4th August 2017, the ITAT thought it fit to extend the stay “for a further period of six months from today or till the disposal of the appeal, whichever is earlier”, the appeal not having been being disposed of, the ITAT was under no compulsion to immediately vacate the stay only because a request for an adjournment by one day was made by the AR of the Petitioner. The appeal, which is now listed for hearing before the ITAT on 20th November 2017, could have been either advanced to an earlier date or it made clear that there would be no further adjournment on that date. The Petitioner assures the Court that the Petitioner-Assessee will proceed with its appeal on 20th November 2017 without seeking any adjournment. In view of the above assurance, no further directions are called for in this regard. In the circumstances, the Court sets aside the order dated 10th October 2017 passed by the ITAT and directs that the appeal of the Petitioner be listed on 20th November 2017, the date already fixed by the ITAT. The interim order dated 4th August 2017 of the ITAT is restored.
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