O R D E R
PER S.V. MEHROTRA, A.M :
The assessee has filed this stay petition relating to assessment year 2011-12 under Rule 35A of the Income Tax (Appellate Tribunal) Rules, 1963, seeking extension of stay of outstanding demand, originally granted by the ITAT vide order dated 18.01.2016 in SA No.584/Del/2015 contained at pages 19 to 22 of the stay petition, wherein, the assessee was directed to pay Rs.40 lakhs in two equal installments of Rs.20 lakhs each on or before 31.01.2016 and 29.02.2016 respectively. Ld. counsel referred to the challans contained at pages 23 to 26 of the stay petition in this regard. Ld. counsel further referred to page
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40 of the stay petition, wherein, the order of extension of stay dated 22.07.2016 in SA No.353/Del/2016 is contained. Ld. counsel further referred to Annexure- 11 contained at page 43 of the Paper Book, wherein, the events in regard to the hearing of appeal are given to demonstrate that the non-disposal of appeal is not attributable to assessee. Ld. counsel further pointed out that now the appeal is listed for hearing on 15thMarch, 2017.
2. After hearing both the parties, we find that there is no change in the facts and circumstances from the date when the stay was originally granted and further extended. Since the non-disposal of appeal is not at all attributable to assessee, therefore, we extend the stay for a further period of six months or till the disposal of appeal, whichever event occurs earlier. The assessee is directed not to seek any adjournment on the date fixed for hearing of the appeals without reasonable cause to be considered by the Bench.
3. In the result, the stay application is allowed in terms of aforementioned observations.
Order was pronounced in the open court on this 23rdday of January, 2017 at the conclusion of hearing.
Sd/- Sd/-
(SUDHANSHU SRIVASTAVA) (S.V. MEHROTRA)
JUDICIAL MEMBER ACCOUNTANT MEMBER
Dated: 23-01-2017.
Sujeet
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Copy of order to: -
1) The Appellant
2) The Respondent
3) The CIT
4) The CIT(A)-
5) The DR, I.T.A.T., New Delhi By Order
//True Copy//
Assistant Registrar
ITAT, New Delhi
| S.No. |
Details |
Date |
Initials |
Designation |
| 1 |
Draft dictated on |
20.01.2017 |
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Sr. PS/PS |
| 2 |
Draft placed before author |
23.01.2017 |
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Sr. PS/PS |
| 3 |
Draft proposed & placed before the Second Member |
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JM/AM |
| 4 |
Draft discussed/approved by Second Member |
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AM/AM |
| 5 |
Approved Draft comes to the Sr. PS/PS |
24.01.2017 |
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Sr. PS/PS |
| 6 |
Kept for pronouncement on |
24.01.2017 |
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Sr. PS/PS |
| 7 |
File sent to Bench Clerk |
24.01.2017 |
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Sr. PS/PS |
| 8 |
Date on which the file goes to the Head Clerk |
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| 9 |
Date on which file goes to the A.R. |
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| 10 |
Date of Dispatch of order |
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