Extension of Stay Application granted by ITAT Delhi for significant demand, with conditions for timely compliance. The Appellate Tribunal ITAT DELHI granted the Extension of Stay Application for the assessee concerning a significant outstanding demand. The extension ...
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Extension of Stay Application granted by ITAT Delhi for significant demand, with conditions for timely compliance.
The Appellate Tribunal ITAT DELHI granted the Extension of Stay Application for the assessee concerning a significant outstanding demand. The extension was allowed for an additional 6 months or until the appeal's final disposal, with a condition that no adjournment requests be made on the hearing date to maintain the granted Stay. The Tribunal emphasized the assessee's lack of responsibility for appeal delays and stressed timely compliance. The decision was rendered openly on 01st February 2019 by Accountant Member Shri N. S. Saini and Judicial Member Ms. Suchitra Kamble.
Issues Involved: Extension of Stay Application
Analysis: 1. Grant of Stay Extension: The Application for Extension of Stay pertains to a substantial outstanding demand of Rs. 1,08,95,83,260. The original Stay was granted on 11.04.2016, followed by subsequent extensions on 25.10.2016 and 28.10.2018. The applicant complied with the orders, and the main appeal is scheduled for hearing on 5.03.2019 without any delay attributable to the assessee.
2. Assessee's Responsibility: The records indicate that the assessee is not accountable for the delay in the appeal's disposal. Consequently, the Tribunal finds it appropriate to grant the Extension of Stay for an additional 6 months or until the appeal's final disposal, whichever occurs earlier. Notably, the Tribunal explicitly states that the assessee must not request any adjournment on the appeal's hearing date; any such request would automatically revoke the granted Stay.
3. Decision and Conclusion: The Tribunal allows the Extension of Stay Application for the assessee, emphasizing the conditions set regarding adjournments during the appeal's hearing. The order was pronounced openly on 01st February 2019, ensuring clarity and transparency in the decision-making process.
This judgment by the Appellate Tribunal ITAT DELHI, delivered by Accountant Member Shri N. S. Saini and Judicial Member Ms. Suchitra Kamble, highlights the importance of timely compliance and the tribunal's discretion in granting Stay Extensions based on the party's responsibility for delays in legal proceedings.
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