2019 (2) TMI 1722 - AT - Income Tax

Extension of Stay Application granted by ITAT Delhi for significant demand, with conditions for timely compliance.

M/s Nokia Solutions and Networks India Pvt. Ltd. (Formerly known as Nokia Siemens Networks Pvt. Ltd.) Versus DCIT, Circle-18 (2), Delhi

The Appellate Tribunal ITAT DELHI granted the Extension of Stay Application for the assessee concerning a significant outstanding demand. The extension ... Extension of Stay - HELD THAT:- It is evident from the records that the assessee is not responsible for the delay in disposal of the appeal. Therefore, we are of the view that it is a fit case for Extension of Stay. Therefore, we are extending the Stay for further period of 6 months or till the disposal of the appeal whichever is earlier. We would also like to make it clear that on the fixed date of hearing of the appeal the assessee will not seek any adjournment for any reason, if any adjournment is sought by the assessee the Stay granted will automatically stand vacated. Issues Involved: Extension of Stay ApplicationAnalysis: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.