IN INCOME TAX APPELLATE TRIBUNAL BENCH : BANGALORE BEFORE SHRI N.V. VASUDEVAN, VICE-PRESIDENT AND SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER SP No.250/Bang/2019 [in IT(TP)A No.129/Bang/2019] Assessment year : 2014-15 Continental Automotive Components Vs. Deputy Commissioner (India) Pvt.Ltd., of Income Tax, Plot No.53B, Attibele Hobli, Anekal Taluk, Circle-2(1)(1), Bangalore. Bommasandra Industrial Area, Hosur Road, Bangalore-560099. PAN: AAKCS9578C APPLICANT RESPONDENT Applicant by : Smt.Tanmayee Rajkumar, Advocate Respondent by : Sri.Sunil Kumar Agarwal, Addl.CIT Date of hearing : 13.09.2019 Date of Pronouncement : 13.09.2019 ORDER Per N.V. Vasudevan, Vice-President This is application filed by assessee praying for order of stay of recovery of outstanding demand of Rs.38,15,22,582 arising out of final order of assessment of respondent for AY 2014-15, for period of six months or till disposal of appeal, whichever is earlier. 2. It has been stated in application that this Tribunal by order dated 22.2.2019 in S.P.No.35/Bang/2019 in ITA No.129/Bang/2019 for AY 2014-15, granted conditional stay of recovery of outstanding demand in respect of order of assessment for AY 2014-15 for period of 6 months from 22.2.2019 or till disposal of appeal whichever is earlier. Assessee had complied with conditions imposed for grant of stay by paying sum of Rs.6 crores as directed in order granting stay. appeal was fixed for hearing on 25.3.2019 and was adjourned to S.P.No.250/Bang/2019 Page 2 of 3 30.4.2019 on which date also appeal was adjourned to 17.6.2019 due to paucity of time by Bench. On 17.6.2019 Bench directed Assessee to file application for clubbing and adjourned hearing to 4.7.2019. On 4.7.2019 at request of learned DR hearing was adjourned to 18.7.2019 and to 14.8.2019 at request of learned DR. appeal is now fixed for hearing on 22.10.2019. 3. ld. counsel for assessee submitted that Assessee has complied with conditions for grant of stay and non disposal of appeal within period of 6 months for which stay was granted is not attributable to Assessee and therefore order of stay should be granted as prayed for. 4. We have heard submission of learned counsel for Assessee. From facts narrated above, it is clear that delay in non-disposal of appeal is not attributable to assessee. law is by now well settled that if delay in non-disposal of appeal is not attributable to assessee, then Tribunal has power to extend period of stay even beyond time limit laid down in third proviso to section 254(2A) of Act. Reference may be made to decision of Hon ble Delhi High Court in case of Pepsi Foods (P) Ltd. v. ACIT, 376 ITR 87 (Del) which was followed by ITAT Bangalore Bench in case of M/s. SAP Labs (I) Pvt. Ltd. v. ACIT, 67 taxmann.com 78. We therefore grant order of stay of recovery of outstanding demand for period of six months from 23.2.2019 or till disposal of appeal, whichever is earlier. appeal is already fixed for hearing on 22.10.2019. 5. In result, stay petition is allowed. Pronounced in open court on this 13th day of September, 2019. Sd/- Sd/- ( VIKRAM SINGH YADAV ) ( N.V. VASUDEVAN) Accountant Member Vice-President Bangalore, Dated, 13th September, 2019. / Desai Smurthy / 2 S.P.No.250/Bang/2019 Page 3 of 3 Copy to: 1. Applicant 2. Respondent 3. CIT 4. CIT(A) 5. DR, ITAT, Bangalore. 6. Guard file By order Assisstant Registrar ITAT, Bangalore. 3 Continental Automotive Components (India) Pvt. Ltd. v. Deputy Commissioner of Income-tax, Circle-2(1)(1), Bangalore