2018 (4) TMI 1713 - AT - Income Tax

Extension of stay granted by ITAT Delhi pending appeal, relieving assessee from outstanding demand.

Motorola Solutions India Private Limited Versus The DCIT, Circle-II, Gurgaon.

The Appellate Tribunal ITAT Delhi granted an extension of stay against an outstanding demand for a period of six months or until the disposal of the ... Stay of demand - Seeing extension of the stay already granted - delay in disposal of the appeal - HELD THAT:- Stay against the outstanding demand was granted subject to certain conditions, which, according to the Learned Counsel for the Assessee, have already been complied with. The delay in disposal of the appeal is not attributable to the assessee. In this view of the matter, the stay already granted against the outstanding demand is further extended for a period of six months or disposal of the appeal whichever expires earlier. Copy of the order be given to both the parties. Stay application of the assessee is allowed. Issues: Stay application for extension of stay already granted.The judgment by the Appellate Tribunal ITAT Delhi, delivered by Shri Bhavnesh Saini, Judicial Member, and Shri L.P. Sahu, Accountant Member, pertains to a stay application filed for the extension of a stay already granted. The stay against the outstanding demand was initially granted subject to certain conditions. The Learned Counsel for the Assessee argued that these conditions had been complied with and that the delay in the appeal's disposal was not due to the assessee. Consequently, the Tribunal decided to further extend the stay against the outstanding demand for a period of six months or until the disposal of the appeal, whichever expires earlier. The order was pronounced in the open court, and copies were directed to be given to both parties. The stay application of the assessee was allowed, providing relief in this matter.