Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (2) TMI 1094 - AT - Income TaxExtension of stay on realization of outstanding demand - HELD THAT:- Assessee does have a prima facie case and balance of convenience is in its favour for extension of stay since there is no change in the facts and circumstances from the stay extended earlier till today and the delay in non-disposal of the appeal is not attributable to the assessee. Further, the Tribunal, in assessee’s own case in the earlier year, has decided both the issues in favour of the assessee and one of the issues i.e., disallowance of supplementary rent stands decided in favour of the assessee by the decision of the Hon'ble Delhi High Court in assessee’s own case and the SLP filed by the Revenue has been dismissed by the Hon'ble Supreme Court Further, if MAT credit as claimed by the assessee is given, then, there will be a refund due to the assessee. Considering the totality of the facts of the case we extend the stay of realization of outstanding demand for a further period of six months or till the disposal of the appeal whichever is earlier. Since the assessee does not intend to pursue as an intervenor in the matter before the larger Special Bench at Mumbai, the instant appeal is thus ripe for hearing. We, therefore, with the consent of both the sides, fix the appeal for hearing on 4th May, 2020 which was announced in the open court. It was further announced that no separate notice of hearing shall be sent to which both the parties agreed. The Stay Application filed by the assessee is accordingly allowed.
|