2016 (5) TMI 1232

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....i, Advocate Ajay Kumar Mittal, J. 1. This appeal has been preferred by the revenue under section 260A of the Income Tax Act, 1961 (in short, "the Act") against the order dated 8.6.2015, Annexure A.III passed by the Income Tax Appellate Tribunal, Delhi Bench, New Delhi (Friday) (in short, "the Tribunal") in Stay Application 327/Delhi/2015 (in ITA No.3052/DEL/2014) for the assessment year 2008....

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....y, a revised return of income was filed on 29.3.2010 wherein income of Rs. 766,72,79,900/- was declared and tax was paid under the provisions of Section 115JB of the Act. Assessment under section 143(3) of the Act was completed on 27.12.2010 at a total income of Rs. 10,33,26,17,034/- and penalty proceedings under section 271(1)(c) of the Act were also initiated. Aggrieved by the assessment order, ....

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....al praying for staying the outstanding demand of Rs. 14,10,17,089/- as penalty under section 271(1)(c) of the Act. The Tribunal granted stay vide order dated 16.6.2014 for six months. The assessee filed further application for extension of second stay of demand. The Tribunal granted stay upto 15.6.2015 vide order dated 20.2.2015. The assessee filed another application for extension of stay of dema....

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....tral Excise, Rohtak vs. M/s Voice Telesystem) decided on 20.1.2016 after considering the relevant case law on the point concluded that wherever the appeal could not be decided by the Tribunal due to pressure of pendency of cases and delay in the disposal of the appeal is not attributable to the assessee in any manner, the interim protection can continue beyond 365 days in deserving cases. Referenc....