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Canon India Private limited Versus Deputy Commissioner Of Income Tax

2015 (4) TMI 223 - DELHI HIGH COURT

Extension of stay - Held that:- This Court has extended the stay initially granted by the Tribunal till the disposal of the appeal by the Tribunal in exercise of its jurisdiction under Article 226 of the Constitution. In fact, it is settled law that .....

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nce the petitioner had already been granted conditional stay by the Tribunal in respect of the said appeal and that the Tribunal is in the midst of hearing the appeal, it would be in the interest of justice that the stay order granted by the Tribunal .....

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For the Respondents : Mr Kamal Sawhney, Mr Shikhar Garg and Mr Mukul Mathur Judgment Badar Durrez Ahmed, J (ORAL) CM 5806/2015 The exemption is allowed subject to all just exceptions. WP(C) 3238/2015 & CM 5805/2015 1. Issue notice. Notice is acc .....

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me Tax Appellate Tribunal being aggrieved by the assessment order. The Tribunal, at the initial stage, that is, on 31.03.2014, had granted stay of the demand which had been raised subsequent to the said assessment order. 3. A subsequent order dated 1 .....

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uthority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay. As 365 days would expire on 30.03.2015, the petitioner cannot approach the Tribunal for any further extension of stay. It is also to be noted th .....

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es that the petitioner has approached this Court by way of this writ petition seeking extension of stay in respect of the assessment year 2009-10 till the disposal of the appeal by the Tribunal. The learned counsel for the petitioner has placed befor .....

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