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        Case ID :

        2013 (6) TMI 745 - AT - Income Tax

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        Appellate Tribunal grants stay on outstanding demands, emphasizing adherence to previous orders. The Appellate Tribunal ITAT Mumbai granted stay of outstanding demands pending the disposal of appeals in a consolidated order concerning common issues. ...
                      Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                        Provisions expressly mentioned in the judgment/order text.

                            Appellate Tribunal grants stay on outstanding demands, emphasizing adherence to previous orders.

                            The Appellate Tribunal ITAT Mumbai granted stay of outstanding demands pending the disposal of appeals in a consolidated order concerning common issues. The Tribunal considered the merit in the submissions of the assessee's Senior Counsel regarding previous stay orders and granted stay until a specified date. The appeals were directed to be fixed for a hearing before the Regular "I" Bench without further notice. This decision underscores the Tribunal's adherence to previous stay orders, the requirement of a prima facie case for stay, and the importance of specific judgments by the Jurisdictional High Court in granting stays for timely resolution of appeals.




                            Issues involved: Stay applications for outstanding demands pending disposal of appeals u/s ITA Nos.4035, 4036, 4037, 4038, 4040, 4041/Mum/2013, Assessment Year: 2009-10.

                            Summary:
                            In a consolidated order, the Appellate Tribunal ITAT Mumbai heard and disposed of stay applications concerning common issues. The assessees sought stay of outstanding demands pending the disposal of appeals. The Tribunal had previously granted stay in similar matters, and the representatives of both parties presented their arguments. The Tribunal found merit in the submissions of the assessee's Senior Counsel regarding the previous stay granted by the Tribunal. Referring to a specific order, the Tribunal granted stay until a specified date, considering the similar issues involved in the appeals. The appeals were directed to be fixed for a hearing before the Regular "I" Bench on a specific date without sending further notice. Consequently, all stay applications were allowed, granting stay until the specified date, and the appeals were scheduled for a hearing before the Regular Bench.

                            This judgment highlights the Tribunal's consideration of previous orders granting stay in similar matters, emphasizing the need for a prima facie case for the grant of stay and the relevance of specific judgments by the Jurisdictional High Court. The decision to grant stay until a specified date reflects the Tribunal's approach to ensuring fairness and timely resolution of appeals.
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                            ActsIncome Tax
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