TMI Blog2015 (7) TMI 902X X X X Extracts X X X X X X X X Extracts X X X X ..... en the delay in disposal of appeal is not attributable to the assessee and in the light of the order of Hon'ble High Court [2014 (7) TMI 177 - BOMBAY HIGH COURT], the assessee has made out a case for further extension of stay. Accordingly we extent the stay against the recovery of balance demand of ₹ 267.26 crore for a further period of six months or till disposal of the appeal whichever comes earlier. - Stay granted. - SA No. 16/MUM/2015, Arising Out of ITA 2161/MUM/2011 - - - Dated:- 16-1-2015 - Vijay Pal Rao, JM And N. K. Billaiya, AM,JJ. For the Appellant : Shri Nishant Thakkar For the Respondent : Shri Girish Dave ORDER Per Vijay Pal Rao,JM. By way of this stay application, the assessee is seeking fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sit by the assessee. 5. In rejoinder the Ld. Authorized Representative has submitted that for the A.Y. under considertion, at the time of first extension of stay, the Tribunal directed the assessee to deposit a further amount of ₹ 30 crore vide order dated 20th September 2013. The said condition put by the Tribunal has been done away by the Hon ble High Court vide order dated 23.06.2014. Therefore, when the delay is not attributable to the assessee and the Hon'ble High Court has already set aside the directions for further deposit by the assessee for grant of extension of stay then it is notappropriate to ask the assessee to deposit further amount. 6. Having considered the rival submissions as well as relevant material on re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... order dated 18.07.2014, the appeal of the assessee came for hearing on 13th October 2014, on which the counsel for the revenue pointed out that there is a common issue involved in the appeal of this assessment year as well as the appeal for A.Y. 2005-06 and the appeal for A.Y. 2005-06 was pending before the CIT(A), he requested the bench to instruct the CIT(A) to dispose off the appeal for A.Y. 2005-06 expeditiously and, thereafter the appeal for the A.Y. under consideration should be heard on merits. On this request of the Counsel for the revenue, the matter was adjourned to 27.11.2014. On 27.11.2014, the Counsel for the Department again sought adjournment on the ground that the department is in the process of filing paper book and accordi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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