TMI Blog2021 (8) TMI 1033X X X X Extracts X X X X X X X X Extracts X X X X ..... ores in two equal instalments of ₹ 12.50 crores each to be deposited by the end of September, 2019 and October 2019, respectively. The assessee challenged further demand of ₹ 25 crores as a condition for extension of stay before the Hon ble High Court. The counsel for the Revenue conceded before the Hon ble High Court that unless permitted by the Court, respondent (Department) shall not insist on the petitioner (Assessee) to deposit such amount as directed by the Tribunal. The Hon ble High Court [ 2019 (12) TMI 1535 - BOMBAY HIGH COURT] admitted the Writ Petition and in view of concession by the by the Revenue s Counsel directed that the condition imposed by the Tribunal for further deposit of ₹ 25 crores shall not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ; 25 crores in two equal instalments by the end of October, 2019. The assessee challenged the said order of Tribunal before the Hon ble Bombay High Court in Writ Petition No. 2494/2019. The Hon ble High Court vide order dated 3.12.2019 stayed further demand raised by Tribunal while disposing of assessee s Stay Application in S.A. No. 319/Mum/2019(supra). The ld. Authorized Representative (AR) submitted that the delay in hearing of appeal is not attributable to the assessee, therefore, the recovery of outstanding demand be extended in terms of Tribunal order in S.A. No. 108/Mum/2016 (supra). 3. On the other hand, Shri Mahesh Shah representing the Department vehemently opposed extension of stay. The ld. DR submitted that the stay already g ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Court vide order dated 03.12.2019 admitted the Writ Petition and in view of concession by the by the Revenue s Counsel directed that the condition imposed by the Tribunal for further deposit of ₹ 25 crores shall not be forced. The aforesaid writ petition is still pending for final adjudication. Now, the assessee has filed present stay application seeking extension of stay. After having examined the documents on record, we are of considered view that the stay already granted to the assessee deserves to be extended for a further period of six months from today or till the disposal of appeal, whichever is earlier. 5. The assessee shall not seek adjournment in hearing of the appeal on frivolous/unjustified grounds. In case, the assesse ..... X X X X Extracts X X X X X X X X Extracts X X X X
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