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2021 (4) TMI 710 - ITAT MUMBAIStay demand - stay on the recovery of the outstanding demand was granted by the Tribunal subject to a rider that 15% of the rectified demand shall be deposited by the assessee on or before 31st March, 2019 - HELD THAT:- Post extension of the stay on the recovery of the outstanding demand the hearing of the appeal for the year in question i.e A.Y. 2014-15 was adjourned from time to time, for the reason, that the assessee’s appeal for A.Y. 2013-14 which involved an issue having a direct bearing on the disposal of the appeal for the year in question was pending before the Tribunal. On an application filed by the assessee seeking extension of the stay on the recovery of the outstanding demand, the Tribunal, vide its order dated 13th March, 2020 was pleased to allow the same. At this stage, we may herein observe that the Tribunal while extending the stay on the recovery of the outstanding demand vide its aforesaid order dated 13th March, 2020, had after taking cognizance of the fact that the assessee had already paid 15% of the outstanding demand for the year in question, had therein directed the A.O to recover/adjust the balance 5% of the outstanding demand from the refund that had accrued pursuant to the order passed by the Tribunal in its case for A.Y. 2012-13. As pointed out by the ld. A.R the department despite the aforesaid specific direction had failed to carry out the necessary adjustment till date. Be that as it may, in our considered view as the delay in disposal of the appeal for the year in question cannot be attributed to any lapse or failure on the part of the assessee, and an amount of 20% of the outstanding rectified demand in the backdrop of the aforesaid directions which were given by the Tribunal on the last occasion while extending the stay on the recovery of the outstanding demand vide its order dated 13th March, 2020 can safely be held to have been deposited by the assessee, therefore, in our considered view the application filed by the assessee for extension of the stay on the recovery of the outstanding demand for the year in question i.e A.Y. 2014-15 merits acceptance. We herein extend the stay on the recovery of the outstanding demand for a period of 180 days from the date of this order or till the disposal of the appeal, whichever is earlier. Before parting, we may herein observe that in case the assessee at any stage seeks an adjournment except for certain unavoidable reasons then the extension of stay granted vide the present order shall stand vacated.
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