Tribunal grants stay application, extends stay against recovery, emphasizes no unnecessary adjournments.

The Tribunal granted the assessee's stay application, extending the stay against the recovery of the balance demand for a specified period or until the disposal of the appeal, whichever came earlier. This decision was made considering the lack of fault on the part of the assessee for the delay in the appeal process and in light of the High Court's order regarding the deposit condition. The Tribunal emphasized that unnecessary adjournments by the assessee would result in the vacation of the stay granted.

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Issues involved:
Extension of stay granted by the Tribunal, delay in hearing and disposal of appeal, contention regarding further deposit by the assessee for stay extension.

Extension of stay granted by the Tribunal:
The assessee sought further extension of stay originally granted by the Tribunal subject to payment of a specified amount and collateral security. The Tribunal had extended the stay multiple times, with the last extension granted on a specific date. The delay in hearing and disposal of the appeal was claimed to be not attributable to the assessee due to adjournments sought by the department or non-hearing by the bench. The authorized representative argued that the delay should not affect the extension of stay.

Delay in hearing and disposal of appeal:
The counsel for the revenue objected to further extension of stay without additional deposit by the assessee, citing a substantial outstanding demand. The Tribunal had previously directed the assessee to make a specific deposit, which was later set aside by the High Court. The authorized representative contended that since the delay was not due to the assessee and the High Court had ruled against the deposit condition, it was not appropriate to ask for further payment.

Contention regarding further deposit by the assessee for stay extension:
After considering the submissions from both parties and reviewing the material on record, the Tribunal noted the previous extension of stay and the subsequent delays in hearing the appeal. The Tribunal referred to the High Court's order setting aside the deposit condition and the circumstances of the case. It was observed that the delay was not the fault of the assessee, and in light of the High Court's ruling, the assessee was granted a further extension of stay against the recovery of the outstanding demand. The Tribunal emphasized that unnecessary adjournments by the assessee would lead to the vacation of the stay granted.

In conclusion, the Tribunal allowed the stay application of the assessee, extending the stay against the recovery of the balance demand for a specified period or until the disposal of the appeal, whichever came earlier. The decision was based on the lack of fault on the part of the assessee for the delay in the appeal process and the High Court's order regarding the deposit condition.

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