New Delhi Television Ltd. v. Deputy Commissioner of Income-tax
[Citation -2015-LL-0324-4]
Citation | 2015-LL-0324-4 |
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Appellant Name | New Delhi Television Ltd. |
Respondent Name | Deputy Commissioner of Income-tax |
Court | HIGH COURT OF DELHI AT NEW DELHI |
Relevant Act | Income-tax |
Date of Order | 24/03/2015 |
Assessment Year | 2009-10 |
Judgment | View Judgment |
Bot Summary: | The petitioner has filed an appeal being I. T. A. No. 1212/Del/2014 before the Income-tax Appellate Tribunal being aggrieved by the assessment order. The Tribunal, at the initial stage, that is, on March 26, 2014, had granted stay of the demand which had been raised subsequent to the said assessment order, subject to certain conditions which have been fulfilled by the petitioner. A subsequent order dated October 10, 2014, was passed by the Tribunal extending the interim stay. By virtue of the decision of a Division Bench of this court in CIT v. Maruti Suzuki Ltd. No. 5086 of 2013, decided on February 21, 2014) 2014 362 ITR 215, it is made clear that the Tribunal has no authority to extend the period of stay beyond a period of 365 days from the initial date of grant of stay. As 365 days will elapse on March 25, 2015, the petitioner cannot approach the Tribunal for any further extension of stay. The learned counsel for the petitioner has placed before us several orders passed by this court, whereby this court has extended the stay initially granted by the Tribunal till the disposal of the appeal by the Tribunal in exercise of its jurisdiction under article 226 of the Constitution. We feel that since the petitioner had already been granted conditional stay by the Tribunal in respect of the said appeal and that the Tribunal is in the midst of hearing the appeal, it would be in the interest of justice that the stay order granted by the Tribunal is continued till the disposal of the appeal by the Tribunal. |