HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 23.03.2015 + W.P.(C) 2956/2015 & CM 5280/2015 XL INDIA BUSINESS SERVICES PRIVATE LIMITED ... Petitioner versus INCOME TAX OFFICER & ANR. ... Respondents Advocates who appeared in this case: For Petitioner : Mr Deepak Chopra with Mr Harpreet Ajmani and Ms Ananya Kapoor, Adv. For Respondents : Mr P. Roychaudhuri with Mr Rohit Madan, Adv. CORAM:- HON BLE MR JUSTICE BADAR DURREZ AHMED HON BLE MR JUSTICE SANJEEV SACHDEVA JUDGMENT BADAR DURREZ AHMED, J (ORAL) 1. Issue notice. Notice is accepted by learned counsel appearing on behalf of respondents. Since facts are not in dispute, matter is taken up for hearing at first instance itself. 2. petitioner has filed appeal being ITA No.1427/Del/2014 before Income Tax Appellate Tribunal being aggrieved by order passed by Dispute Resolution Panel on 20.12.2013. Tribunal, at initial stage, that is, on 21.03.2014, had granted stay of demand WPC 2956/2015 Page 1 of 3 which had been raised subsequent to said order of Dispute Resolution Panel on condition of petitioner depositing sum of Rs70,00,000/-. petitioner had already deposited said sum and recovery of balance demand was stayed. 3. subsequent order dated 26.09.2014 was passed by Tribunal extending interim stay which it had earlier granted on 21.03.2014. By virtue of decision of Division Bench of this Court in CIT v. Maruti Suzuki (India) Limited: [WP(C) 5086/2013] decided on 21.02.2014, it is made clear that Tribunal has no authority to extend period of stay beyond period of 365 days from initial date of grant of stay. As 365 days have elapsed on 20.03.2015, petitioner cannot approach Tribunal for any further extension of stay. It is also to be noted that, in meanwhile, petitioner s said appeal before Tribunal was listed for hearing but could not be taken up for reasons not attributable to petitioner. Now, appeal is listed for hearing on 29.05.2015. 4. It is in these circumstances that petitioner has approached this Court by way of this writ petition seeking grant of stay of recovery of balance amount in respect of assessment year 2009-10 till disposal WPC 2956/2015 Page 2 of 3 of appeal by Tribunal. learned counsel for petitioner has placed before us several orders passed by this court, whereby this Court has extended stay initially granted by Tribunal till disposal of appeal by Tribunal in exercise of its jurisdiction under Article 226 of Constitution. In fact, it is settled law that there is no bar for grant of such relief if Court is of opinion that circumstances and ends of justice so warrant. This has also been stated clearly in Maruti Suzuki (supra). 5. We feel that since petitioner had already been granted conditional stay by Tribunal in respect of said appeal and that Tribunal is in midst of hearing appeal, it would be in interest of justice that stay order granted by Tribunal is continued till disposal of appeal by Tribunal. It is ordered accordingly. writ petition stands disposed of. Dasti under signature of Court Master. BADAR DURREZ AHMED, J MARCH 23, 2015 /st SANJEEV SACHDEVA, J WPC 2956/2015 Page 3 of 3 XL India Business Services Private Limited v. Income-tax Officer & Anr