Extension of stay granted by ITAT Mumbai, maintaining conditions for assessee, no intentional delay found. The Appellate Tribunal ITAT Mumbai granted a further extension of stay to the assessee for three months or until the appeal's finalization, whichever ...
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Extension of stay granted by ITAT Mumbai, maintaining conditions for assessee, no intentional delay found.
The Appellate Tribunal ITAT Mumbai granted a further extension of stay to the assessee for three months or until the appeal's finalization, whichever occurred earlier. The Tribunal found no intentional delay by the assessee and decided to maintain the previously imposed conditions for the stay. Both stay applications by the assessee were disposed of in line with the Tribunal's decision, pronounced openly on 14th December 2018.
Issues: Extension of stay granted to the assessee, delay in disposal of appeal, consideration of factual matrix, and imposition of conditions for stay extension.
In the judgment delivered by the Appellate Tribunal ITAT Mumbai, the issue at hand involved two stay applications filed by the assessee seeking an extension of the stay granted, which had expired. The assessee's representative highlighted that the stay was initially granted on a specific date and had been extended multiple times until the last extension on 27.04.2018. The representative further explained the sequence of events where the appeal hearings were adjourned due to various reasons, including the non-functioning of the bench and unavailability of the counsel for the assessee. The representative emphasized that the grounds of appeal in the current case were similar to those in another case of the assessee's group, the decision of which was pending. The assessee maintained compliance with the stay conditions and requested an extension for another six months or until the appeal's disposal.
The Revenue's representative did not contest the factual details presented by the assessee.
Upon reviewing the contentions of both parties and examining the order sheets of the appeals, the Tribunal found the assessee's submissions to be accurate. It was noted that there was no intentional delay on the part of the assessee in the appeal's disposal. Consequently, the Tribunal decided to grant a further extension of the stay for three months or until the appeal's finalization, whichever occurred earlier. Any previously imposed conditions for the stay would continue to be applicable.
Ultimately, the Tribunal disposed of both stay applications filed by the assessee in accordance with the decision made during the proceedings. The order was pronounced openly on 14th December 2018.
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