United Health Group Information Services Private Limited v. Deputy Commissioner of Income-tax Circle 27(1) New Delhi & Anr
[Citation -2015-LL-0410-1]
Citation | 2015-LL-0410-1 |
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Appellant Name | United Health Group Information Services Private Limited |
Respondent Name | Deputy Commissioner of Income-tax Circle 27(1) New Delhi & Anr. |
Court | HIGH COURT OF DELHI AT NEW DELHI |
Relevant Act | Income-tax |
Date of Order | 10/04/2015 |
Judgment | View Judgment |
Keyword Tags | interim stay • stay of demand of tax |
Bot Summary: | The petitioner has filed an appeal being ITA No.825/Del/2014 before the Income Tax Appellate Tribunal being aggrieved by the order passed by the Dispute Resolution Panel on 31.10.2013. The Tribunal, at the initial stage, that is, on 31.03.2014, had granted stay of the demand which had WPC 3478/2015 Page 1 of 3 been raised subsequent to the said order of the Dispute Resolution Panel on condition of the petitioner depositing a sum of Rs 3 crore. A subsequent order dated 26.09.2014 was passed by the Tribunal extending the interim stay which it had earlier granted on 31.03.2014. By virtue of the decision of a Division Bench of this Court in CIT v. Maruti Suzuki Limited: WP(C) 5086/2013 decided on 21.02.2014, 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 have elapsed on 30.03.2015, 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. |