Tribunal denies stay extension, grants installment plan for tax demands

The Tribunal rejected further extension of stay in Stay Application No. 06/JP/2017 due to the prolonged initial stay, but granted an installment plan for outstanding tax demands considering substantial payments made and absence of financial stress. Stay Application No. 07/JP/2017 was decided in line with the outcome of the first application, with both cases disposed of and an installment plan granted in one case. The judgment was pronounced on 30/5/2017.

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Issues Involved:
Stay Applications for extension of stay granted for assessment years 2012-13 and 2013-14; Constitution of Special Bench pending consideration; Extension of stay beyond 365 days; Payment of substantial amount of tax; Request for installment payment.

Analysis:

Stay Application No. 06/JP/2017 (Arising out of ITA No. 68/JP/2015):
The appellant sought extension of stay due to divergent views on appeal issues and pending constitution of a Special Bench. The appellant cited judgments supporting stay extension beyond 365 days and highlighted substantial tax payments made. The Tribunal noted continuous stay extensions since Feb. 2015 and the appellant's request for a Special Bench. Despite the absence of a constituted Special Bench, the Tribunal rejected further stay extension due to the long duration of the initial stay. However, considering the substantial tax payments and absence of financial stress, the Tribunal granted an installment plan for outstanding demands, directing the Revenue not to take coercive recovery steps.

Stay Application No. 07/JP/2017 (Arising out of ITA No. 69/JP/2015):
Both parties presented similar arguments as in the previous application, with identical facts. The Tribunal decided this appeal in line with the decision made in Stay Application No. 06/JP/2017.

In conclusion, both stay applications were disposed of, with the Tribunal granting an installment plan for outstanding demands in one case and deciding the other application based on the first application's outcome. The judgment was pronounced on 30/5/2017.

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