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2021 (4) TMI 433 - AT - Income TaxStay petition for extension of the stay - Tribunal has granted further extension of stay of outstanding demand for a period of six months or till disposal of the appeals whichever is earlier - subsequent to orders of Hon’ble Tribunal in extension of stay, the cases were listed and also the interim orders were passed. In the present stay petitions, the assessee seeking extension of stay which was granted earlier and the interim orders passed. The Ld.AR emphasized that the delay in non disposal of appeal is not attributed to the assessee and referred to the explanations filed along with the Stay petitions - HELD THAT:- We find the Hon’ble Delhi High Court in Pepsi Foods (P) ltd Vs ACIT [2015 (5) TMI 655 - DELHI HIGH COURT] has observed that when the delay is not attributed to the assessee, the Tribunal has power to extend the stay even beyond the time limit laid down in 3r d proviso to Sec 254(2)A of the Act We considering the facts, circumstances and stay petitions hold that the delay in non disposal of the appeal is not attributable to the assessee. Hence, the balance of convenience lies in the favour of the assessee for extension of stay as the assessee complied with the directions of the Hon’ble Tribunal. Accordingly, we extend the stay of outstanding demand for further period of six months from the date of this order or till disposal of the appeal whichever is earlier.
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