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2017 (5) TMI 1538

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..... he assessee for extension of the stay is rejected. However, keeping in view, the facts that substantial amount has been deposited by the assessee. Further no financial stress is pointed out by the Ld. Counsel for the assessee. We deem it proper to grant installment for payment of the outstanding demands i.e. 10 lakhs per month starting from 1st August, 2017 in the meantime, the Revenue shall not t .....

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..... lved in the appeal, filed by the assessee. Therefore, in application for constitution of Special Bench was made which is pending consideration before the Hon ble President in ITAT, Bombay. Ld. Counsel for the assessee submitted that last stay extended vide order dated 9th Nov. 2016 expired 30th April 2017. He contended that till date the Special Bench is not constituted, stay may be extended. Furt .....

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..... 377; 1,33,08,382/- in respect of the assessment year 2012-13. 4. He submitted under these facts, when there is no delay in disposal of the appeal attributable to the assessee. Therefore, he prayed that the stay may be extended till the disposal of the application for constitution of Special Bench or alternatively he contended that the appeal may be fixed for hearing. 5. On the contrary, Ld. .....

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..... ind out the status of the application for rendering the issue to the Special Bench. Ld. Counsel for the assessee could not give the current status except that stating no notice of hearing is received. Since, very long period has been elaspsed when the first stay was granted vide order dated 13th Feb. 2015, the outstanding demand cannot be kept stayed Therefore, the request of the Ld. Cousel for th .....

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