Amit Saroop Garg & Sons (HUF) v. ITO, Ward-38(3), New Delhi
[Citation -2019-LL-0925-3]

Citation 2019-LL-0925-3
Appellant Name Amit Saroop Garg & Sons (HUF)
Respondent Name ITO, Ward-38(3), New Delhi
Court ITAT-Delhi
Relevant Act Income-tax
Date of Order 25/09/2019
Assessment Year 2014-15
Judgment View Judgment
Keyword Tags extension of stay
Bot Summary: The counsel further pointed out that whenever the appeal came up for hearing, on the request of the DR the appeal was adjourned. The counsel concluded by stating that on all other occasions for no fault of the assessee the appeal got adjourned and the stay may be extended. We have carefully considered the contents of the stay application and have also considered the order sheet of the appellate proceedings. We find that the appeal was listed for hearing on 21.05.2019 and adjourned at the written request of the DR. When the appeal came up for hearing on 06.08.2019 the counsel was seriously ill and could not attend the proceedings and the appeal was adjourned to 05.09.2019. On 05.09.2019 at the written request on the DR the hearing was adjourned to 18.09.2019 and again on 18.09.2019 again at the written request of the DR the appeal was adjourned to 17.10.2019. On these facts we are of the opinion that this is a fit case for extension of stay already granted by order dated 22.03.2019 by a further period of 180 days or till the disposal of the appeal whichever is earlier. The date on which file goes to the Assistant Registrar for signature on the order Date of dispatch of the Order.


IN INCOME TAX APPELLATE TRIBUNAL DELHI BENCH D , NEW DELHI BEFORE SH. N. K. BILLAIYA, ACCOUNTANT MEMBER & SH. KULDIP SINGH, JUDICIAL MEMBER Stay Application No.924/DEL/2019 (ITA No.2058/Del/2019) Assessment Year: 2014-15 Amit Saroop Garg & Sons ITO st (HUF) PP-71, 1 Floor, Vs Ward 38 (3) Pitampura, Delhi-110034 New Delhi PAN No. AAKHA2653M (APPELLANT) (RESPONDENT) Appellant by Smt. Prem Lata Bonsal, Sr. Advocate Sh. Abhishek Kumar, Advocate Respondent by Dr. Vijay Kumar Chadha, Sr. DR Date of hearing: 25/09/2019 Date of Pronouncement: 25/09/2019 ORDER PER N. K. BILLAIYA, AM: With this stay application, assessee seeks extension of stay granted by Tribunal vide order dated 22.03.2019 in S.A. No.285/Del/2019. 2. It is say of counsel that Tribunal granted stay subject to payment of Rs.1.5 lacs which has already been paid. counsel further pointed out that whenever appeal came up for hearing, on request of DR appeal was adjourned. 2 3. counsel further stated that on 06.08.2019 she was confined to bed, therefore, could not attend appellate proceedings. counsel concluded by stating that on all other occasions for no fault of assessee appeal got adjourned and, therefore, stay may be extended. 4. DR strongly opposed to extension of stay. 5. We have carefully considered contents of stay application and have also considered order sheet of appellate proceedings. We find that appeal was listed for hearing on 21.05.2019 and adjourned at written request of DR. When appeal came up for hearing on 06.08.2019 counsel was seriously ill and could not attend proceedings and appeal was adjourned to 05.09.2019. On 05.09.2019 at written request on DR hearing was adjourned to 18.09.2019 and again on 18.09.2019 again at written request of DR appeal was adjourned to 17.10.2019. 6. On these facts we are of opinion that this is fit case for extension of stay already granted by order dated 22.03.2019 by further period of 180 days or till disposal of appeal whichever is earlier. 7. In result, stay application is allowed. Order pronounced in open court on 25.09.2019. Sd/- Sd/- (KULDIP SINGH) (N. K. BILLAIYA) JUDICIAL MEMBER ACCOUNTANT MEMBER *NEHA* Date:-25.09.2019 3 Copy forwarded to: 1. Appellant 2. Respondent 3. CIT 4. CIT(Appeals) 5. DR: ITAT ASSISTANT REGISTRAR ITAT NEW DELHI Date of dictation 25.09.2019 Date on which typed draft is placed 25.09.2019 before dictating Member Date on which typed draft is placed 25.09.2019 before Other member Date on which approved draft comes to 25.09.2019 Sr.PS/PS Date on which fair order is placed before 25.09.2019 Dictating Member for Pronouncement Date on which fair order comes back to 25.09.2019 Sr. PS/ PS Date on which final order is uploaded 25.09.2019 on website of ITAT Date on which file goes to Bench 25.09.2019 Clerk Date on which file goes to Head Clerk. date on which file goes to Assistant Registrar for signature on order Date of dispatch of Order Amit Saroop Garg & Sons (HUF) v. ITO, Ward-38(3), New Delhi
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