BHUP SINGH,FARIDABAD vs. ITO, WARD-1(2), FARIDABAD

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ITA 590/DEL/2019Status: DisposedITAT Delhi26 July 2019AY 2015-163 pages

In favour of the assessee: the assessee's appeal was allowed. From the AI summary of this appeal.

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal found that the delay in disposing of the appeals was not the fault of the assessee. Therefore, the stay was extended for a further period of six months, with a condition that the assessee cannot seek adjournments.

What were the facts?

The assessee filed two stay applications seeking extension of existing stay orders for assessment years 2011-12 and 2013-14. The appeals had been adjourned multiple times, with the delay not attributable to the assessee.

What were the issues?

The primary issue was whether the stay granted to the assessee should be extended, considering the delays in the disposal of the appeals.

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH: ‘I-1’ NEW DELHI

Before: SHRI PRAMOD KUMAR & SHRI K.NARASIMHA CHARY

Hearing: 26.7.2019Pronounced: 26.7.2019

Heard together (2 matters)

ITA No.1199/Del/2016
ITA No.6739/Del/2017

Read from the judgment's own cause title. This page is filed under one of them.

Applicant by: Shri R.P. Mall, Advocate Respondent by: Sh Sandeep Kumar Mishra, Sr DR Date of hearing: 26.7.2019 Date of Pronouncement: 26.7.2019 ORDER PER K. NARASIMHA CHARY, JM

By way of these two Applications, assessee seeks extension of the operation of the stay order that was originally granted on 29.03.2016 in respect of Assessment Year 2011-12 and dated 8.11.2017 in respect of Assessment Year 2013-14. The stay has been extended from time to time and lastly by order dated 12.11.2018 in respect of Assessment Year 2011-12 and dated 16.11.2018 in respect of Assessment Year 2013-14. It is the submission on behalf of the assessee that subsequent to 2. the latest stay orders, the matter underwent five adjournments but none of the adjournment was at the request of the assessee. Both the matters now stand posted for hearing on 06.08.2019. Learned Departmental Representation does not dispute any of 3. these facts. Having regard to the facts and circumstances of the case, we are 4. convinced that delay in non-disposal of both these appeals, 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 stay orders shall stand cancelled. In the result, both the Stay Applications of the assessee are 5. allowed. Order pronounced in the Open Court on 26th July, 2019.

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