2018 (12) TMI 1137

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....12 and 2013-14 assessment years. 2. The ld. AR appearing on behalf of assessee referring to page 46 to 48 of the paper book submitted that stay was initially granted on 23.03.2016 in S. P No.189/Del/2016 on the following terms and conditions :- 3. We have heard both the sides and perused the relevant material on record. Considering the totality .of facts and circumstances of .the instant cases, we are inclined to accept the request of the assesses, for grant of stay for a period of six months or till the disposal of the appeal, whichever is earlier, subject to the assessee depositing a further sum of Rs. 12.50 lac by 31.3.2016. The Id. AR has agreed to deposit the above amount by the stipulated date. However, this accommodation ....

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....ce of convenience is in favour of the applicant. The Hon'ble Delhi High Court in Pepsi Foods Pvt. Ltd. Vs. Asstt. Commissioner of Income Tax (2015) 376 ITR 87 (Del.) has held that if the appeal could not be disposed of by the Tribunal for no fault of the assessee, then the power vests with the Tribunal to extend the stay beyond the aggregate period of 365 days. "5. It is indisputably found that the terms of stay originally granted have been duly complied. The appeal has already been fixed for hearing on 26.07.2018. Considering the entirety of the facts and circumstances of the instant case, we are inclined to grant extension of stay for a period of six months or till the disposal of the appeal, whichever is earlier. Order according....

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....y application No.694/Del/2017. For similar reasons stay was extended on 15.06.2018 taking note of the fact that preceding years appeals were pending and the delay was not attributable to the assessee. Specific paras No. 4 and 5 relied upon by the Ld. AR are extracted from the said order stay application No. 957/Del/2018 at page 35 of the paper book is reproduced here under :- 6. We have heard both the parties and perused the relevant material on record. On perusal of the order sheet, we find that after granting of stay vide order dated 13.12.2017, the appeal was fixed for hearing on 25.01.2018, on which date, the appeal was adjourn to 30.01.2018 on the ground that the preceding years' appeal were pending before the same bench. On 30.01.2....