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Shri Anil G. Darji Versus A.C.I.T., Circle-1 (1) ,

2015 (9) TMI 1414 - ITAT AHMEDABAD

Extension of stay of demand - Held that:- In the present case, we find that Assessee has complied with the condition of payment of disputed tax demand as directed by the Co-ordinate Bench of Tribunal. We further find that the appeal of the Assessee has not yet been disposed of and the non disposal of appeal is not attributable to the Assessee.

Considering the aforesaid facts, we are of the view that in the present case the Assessee deserves extension of stay of demand. We therefore e .....

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l the three applications filed by the Assessee are for extending the stay of recovery of disputed tax demand of ₹ 30,12,460/- for A.Y. 2007-08, ₹ 85,11,490/- for A.Y. 2008-09 & ₹ 61,26,690/- for A.Y. 2009-2010. All these Stay Applications are disposed of by a common order for the sake of convenience. 2. Before us, ld. A.R. submitted that the stay for all the aforesaid 3 assessment years was extended by the Hon ble Bench of Tribunal in Stay Application No. 21 to 23/Ahd/2015 .....

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conditions stipulated by the order of Hon ble Tribunal and the non disposal of appeal is not due to Assessee, the stay be extended. 3. The ld. D.R. on the other hand opposed the extension of stay as prayed by ld. A.R. 4. We have heard the rival submissions and perused the material on record. In the present case, we find that Assessee has complied with the condition of payment of disputed tax demand as directed by the Co-ordinate Bench of Tribunal. We further find that the appeal of the Assessee .....

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e amount by way of auction of the residential premises at 14, Shivalik Villa, Nr. Raj path Club, Ambali Road, Ahmedabad. It is also not disputed that the assessee has paid a sum of ₹ 10.5 lacs. Under these facts and circumstances of the case, we are of the considered view that this is a fit case where interference of the Tribunal would be justified. Therefore, we hereby direct the Revenue not to proceed for auction of the residential premises at 14, Shivalik Villa, Nr.Rajpath Club, Ambali .....

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