2019 (6) TMI 157

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....ket D. Agrawal, Advocates. O R D E R 1. The Revenue has filed this petition challenging an interim order dated 2nd January 2019 passed by the Income Tax Appellate Tribunal (ITAT) in Stay Application No. 984/Del/2018 arising out of ITA 8058/Del/2018 filed by the Respondent for Assessment Year (AY) 2015-16. 2. The principal ground on which the above order has been assailed by the Revenue is that:....

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...., while directing notice to issue in this petition on 22nd April 2019, this Court passed the following order: "Issue notice to the respondent, returnable on 14.05.2019. The Registrar of the Delhi Bench of the ITAT shall ensure that the files in ITA 8058/Del/2018 containing all the relevant orders of the proceedings including the order sheets (listed before Delhi Bench 'B') are kept in ....

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....le Mr. Zoheb Hossain, learned Senior Standing Counsel for the Petitioner/Revenue urges that this should be understood as the appeal with the stay application having been listed for 14th January 2019, considering the noting in the other file referred to above, it is not possible for this Court to come to any definite conclusion that the said stay application was not disposed of on 2nd January, 2019....

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....6 crores, the Court is now informed that the appeals of the Assessee challenging the re-opening of the assessments for AYs 2013-2014 and 2014-2015 under Section 263 of the Act were allowed by the ITAT by order dated 11th March, 2019. The appeals of the Revenue against the said order of the ITAT are stated to be pending in this Court. 8. In the circumstances, the Court does not find any good groun....