2017 (10) TMI 229

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....eking extension of stay already granted of outstanding demand of tax and interest for the impugned assessment years 2009-10 and 2010-11 respectively, vide common orders dated 10-03-2017 in SA no. 133 & 134/Mum/2017 for assessment years 2009- 10 and 2010-11 respectively for a period of 180 days (one hundred and eighty days ) from the date of order or disposal of appeal whichever is earlier. 2. The Tribunal while granting stay of demand of tax and interest for AYs 2009-10 and 2010-11, vide common stay order dated 10th March, 2017, has recorded a finding that the assessee was granted stay with certain terms and conditions and the assessee has complied with the terms and conditions imposed by the tribunal while granting stay. The tribunal note....

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.... by the assessee. 4. Now, the assessee is before the tribunal with these two stay applications for seeking extension of stay for both the years i.e. AYs 2009-10 and 2010-11. The learned counsel for the assessee submitted that the appeals for these two assessment years could not be heard as the issue as to eligibility of the assessee to deduction u/s 80IA of the Income-tax Act, 1961 for the initial year 2005-06 was pending adjudication by learned CIT(A), which has now been adjudicated vide orders dated 21-06-2017. It is submitted that there are common issues and adjudication for earlier years are required to be taken up first before adjudicating the appeals for these two years, including issue pertaining to eligibility of the assessee to de....