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Income Tax Appellate Tribunal, DELHI BENCH : FRIDAY : NEW DELHI
Before: SHRI R.K. PANDA & SHRI K. NARASIMHA CHARY
ORDER PER K. NARASIMHA CHARY, JM: By way of these Stay Petitions, assessee seeks extension of stay that was originally granted on 10.12.2015. Operation of such stay order has been extended from time to time and lastly by order dated 15.02.2019 for a period of six months.
Ld. Authorized Representative submitted that subsequent to the latest stay order, the matter underwent adjournments because the ld. DR requested for the same on the ground that a Special Bench has to be constituted for adjudicating the transfer SA No.854 & 855/Del/2019 pricing issue relating to corporate guarantee and such a request is pending consideration. As of now, the appeal stands posted to 02.09.2019.
Ld. Departmental Representative does not dispute any of these facts.
Having regard to the facts and circumstances of the case, we are convinced that the delay in non-disposal of the appeal is not attributable to the conduct of the assessee and therefore, the stay could be extended for a further period of six months subject to the condition that the assessee shall not seek time, in the event of which the stay order shall stand cancelled.
In the result, Stay Petition of the assessee is allowed. Order Pronounced in the Open Court on 16.08.2019.