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2017 (9) TMI 1796

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..... & Madhur Agarwal For the Respondent : Shri. Saurabh Deshpande ORDER PER G.S. PANNU,AM: By way of the present application assessee seeks extension of the outstanding demand of Rs. 125,42,11,550/- which was earlier extended by way of order of the Tribunal dated 17/03/2017 in SA No.168/Mum/2017. 2. We have heard the parties and find that the stay on the recovery of the outstanding demand was in .....

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..... the appeal is fixed for hearing on 02/11/2017. It was also pointed out that on 02/11/2007, even the cross appeal filed by the Revenue for the captioned assessment year in ITA No. 1799/Mum/2016 is fixed for hearing. It was, therefore, contended that the stay on the recovery of the outstanding demand be extended, since the reasons for nondisposal of the appeal cannot be attributed to the assessee. .....

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..... 1257/Mum/2014 vide its order sheet entry dated 13/01/2015. In fact, the Tribunal recorded in its order dated 13/01/2015(supra) that the Assessing Officer shall not recover the demand to the extent it related to the denial of deduction under section 80IC of the Act till the disposal of the appeal by the CIT(A) for assessment year 2008-09. Be that as it may, at the time of hearing it has been brough .....

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..... for assessment year 2008-09. + 6. In the meanwhile, considering the fact that the reasons for the non-disposal of the appeal cannot be attributed to the assessee and the fact that the proceedings are now ripe for final hearing by the Tribunal, we deem it fit and proper to extend the stay on the recovery of outstanding demand for a period of six months or till the disposal of the appeal by the Tr .....

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