2012 (1) TMI 202 - AT - Income Tax

Extension granted for stay against tax arrears recovery for assessee in IT appeal.

The Appellate Tribunal ITAT Bangalore granted an extension of stay for the assessee against the recovery of outstanding tax arrears amounting to Rs. ... - The assessee sought extension of interim stay against recovery of tax arrears of Rs. 1,28,47,185/- for AY 2006-07. The tribunal found the assessee had made out a 'prima facie case for grant of extension of stay' and that 'delay in disposing of the appeal is not attributable to the assessee.' Noting adjournments at the instance of the revenue and prior interim stays that had expired, the tribunal, 'in the interest of justice,' granted an extension of stay for a further period of 180 days or till disposal of the appeal, whichever is earlier. The order expressly extended stay beyond 365 days relying on precedent: Ronuk Industries Ltd., 333 ITR 99 and the Mumbai Special Bench in Tata Communications Ltd. v. ACIT, 9 ITR (Trib) 1. The Stay Petition was allowed.