IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH: FRIDAY/I-2 NEW DELHI BEFORE SMT. DIVA SINGH, JUDICIAL MEMBER AND SH. O.P. KANT, ACCOUNTANT MEMBER S.A. No. 327/Del/2013 [In ITA No. 6844/Del/2015] Assessment Year: 2007-08 M/s. Ameriprise India Pvt. Ltd., Vs. DCIT, Circle-2(2), New Delhi Plot No. 14, Sector-18, Udyog Vihar, Gurgaon. PAN : AAFCA3489B (Applicant) (Respondent) Applicant by Sh. Rahul Khare, Adv. Respondent by Sh. N.K. Bansal, Sr.DR Date of hearing 21.10.2016 Date of pronouncement 21.10.2016 INTERIM ORDER PER O.P. KANT, A.M.: present stay application has been filed for extension of stay of recovery of outstanding demand of Rs.1,01,98,530/- granted originally by Tribunal vide order dated 08/01/2016 in S.A. No. 641/Del/2015 in ITA No. 6844/Del/2015 for AY 2007-08, wherein recovery of demand was stayed till disposal of appeal or 180 days from date of order, whichever is earlier, subject to payment of Rs. 10 lacs by applicant by end of January 2016. 2. assessee submitted that aforesaid condition of deposit of Rs.10 lakh has been complied with by assessee. Subsequently, 2 S.A. No. 327/Del2016 stay was further extended up to 18/07/2016 by Tribunal vide order dated 01/07/2016. 2.1 Further, on 21/07/2016, Tribunal directed Registry to list stay application alongwith Appeal on 17/08/2016 and till then interim stay was granted vide order dated 01/07/2016 . 2.2 Further on, 17/08/2016, appeal of assessee alongwith stay application was adjourned to 05/10/ 2016 and Tribunal directed both parties to maintain status quo in respect of stay of recovery of demand. On 5/10/2016, bench did not function and appeal alongwith stay application was adjourned to 02/01/2017. Meanwhile, assessee filed application for early fixation of stay extension, which is before us for consideration. 3. learned Authorized Representative submitted that delay in disposal of appeal was not attributable to assessee and assessee complied with terms and condition of original stay granted and, therefore, stay granted might be extended. He further submitted that date of hearing in main appeal might be preponed. 4. On other hand, learned Sr. Departmental Representative submitted that assessee might be directed to deposit further sum of Rs.10 lakh against outstanding demand. 5. We have heard both parties and perused material on record. We find that delay in disposal of appeal is not attributable to assessee applicant and it has complied with original terms and conditions of stay granted by Tribunal, therefore we are not inclined to direct assessee to deposit further any sum against outstanding demand. In view of request of parties, we prepone hearing of appeal, which was fixed on 02/01/2017, to 24/11/2016 i.e. date convenient to both parties. We also extend stay against recovery of outstanding demand for interim period till 3 S.A. No. 327/Del2016 24/11/2016 i.e date on which appeal has been fixed for hearing. Both parties are directed to cooperate for disposal of appeal and not to take adjournment except in exceptional circumstances. 6. Accordingly, stay application is allowed. registry is directed to list stay application alongwith appeal on 24.11.2016 for hearing. decision is pronounced in open court on 21st October, 2016. Sd/- Sd/- (DIVA SINGH) (O.P. KANT) JUDICIAL MEMBER ACCOUNTANT MEMBER Dated: 21st October, 2016. Laptop/- Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(A) 5. DR Asst. Registrar, ITAT, New Delhi M/s. Ameriprise India Pvt. Ltd. v. DCIT, Circle-2(2), New Delhi