2019 (3) TMI 1062

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..... CIT (DR) ORDER Per N.V. Vasudevan, Vice President This is an application filed by the asessee praying for an order extending the order of stay of recovery of outstanding demand passed by the Tribunal in SP No. 29/Bang/2018 order dated 5.2.2018. By the order dated 5.2.2018 the Tribunal passed an order of stay of recovery of outstanding demand of Rs. 2,95,37,104/- arising out of the order of ....

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....f the Tribunal granting stay would not be operational beyond the aforesaid period. The ld counsel brought to our notice that though the appeal was fixed for hearing from time to time, the non disposal of the appeal of the assessee is not attributable to any default on the part of the assessee and the following facts were brought to our notice in this regard. "15. Pursuant to the above, the petit....

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....'ble Tribunal has adjourned the case to 27 June 2018 though the petitioner was ready to takeup the case. 17. On 27 June 2018, due to change in the bench members, the Hon'ble Tribunal has again heard the merits of the case. During the course of hearing, the learned DR did not carry the compilation of judicial precedents and requested the Hon'ble Tribunal to grant short adjournment. A....

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....ing on the said date, the appeal has been adjourned to 21 March 2019. From a reading of the above, it is clear that the non-disposal of the appeal is not attributable to the Petitioner." 3. We have heard the rival submissions. From the narration of facts with regard to the non disposal of the appeal of the Assessee, it is clear that the delay in non disposal of the appeal is not attributable to ....