Tribunal can extend Stay If Non-disposal of Appeal is not attributable to the Assessee: ITAT [Read Order]

The Bangalore bench of the Income Tax Appellate Tribunal ( ITAT ) said that, Tribunal can extend stay If Non-disposal of appeal is not attributable to the assessee.

The application was filed by the assessee M/s Inatech India Pvt. Ltd praying for an order extending the order of stay of recovery of outstanding demand passed by the Tribunal.

The ITAT bench comprising of Vice President N,V Vasudevan and Accountant Member A.K Garodia observed that “it is clear that the delay in non-disposal of the appeal is not attributable to any default on the part of the assessee. The law is by now well settled that if the delay in non-disposal of the appeal is not attributable to the assessee, then the Tribunal has the power to extend the period of stay even beyond the time limit laid down in the third proviso to Section 254(2A) of the Income Tax Act”.

“There is no change in the facts and circumstances of the case as it existed when the tribunal granted an order of stay. In these circumstances, we are of the view that there should be an order of stay for a period of 6 months from today or till the disposal of the appeal of the assessee, whichever is earlier”, the bench also said.