TMI Blog2017 (9) TMI 1796X X X X Extracts X X X X X X X X Extracts X X X X ..... ibunal. Considering the aforesaid factual matrix, it emerges that now the dispute in the assessment year 2011-12 is ripe for hearing since assessee’s appeal for assessment year 2008-09 is also due for hearing before the Tribunal. It would be in the fitness of things, as indicated by us at the time of hearing that the appeals for assessment year 2008-09 as well as the captioned year be taken up tog ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... OD, JUDICIAL MEMBER For the Appellant : S/Shri Jahangir D. Mistri 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 ₹ 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t extension granted by the Tribunal, it is not the assessee who had sought adjournment and that now 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... noted the said position while dealing with similar situation in assessment year 2009-10, in appeal No.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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee as well as of the Revenue for assessment year 2011-12 alongwith the appeal in ITA No.5471/Mum/2017 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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