IN INCOME TAX APPELLATE TRIBUNAL BENCH : BANGALORE BEFORE SHRI ARUN KUMAR GARODIA, ACCOUNTANT MEMBER AND SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER S.P. No. 264/Bang/2019 (in ITA No. 1270/Bang/2016) Assessment Year : 2006-07 M/s. Hotel Woodside, Assistant C/o. Mohtisham Complexes P. Ltd., Commissioner of 6th Floor, Empire Mall, Vs. Income Tax, M.G. Road, Circle 1 (1), Mangaluru. Mangalore. PAN: AAAFH8517P APPELLANT RESPONDENT Assessee by : Shri V. Srinivasan, Advocate Revenue by : Shri Sunil Kumar Agarwal, Addl. CIT (DR) Date of hearing : 27.09.2019 Date of Pronouncement : 27.09.2019 ORDER Per Shri A.K. Garodia, Accountant Member This stay petition is filed by assessee seeking extension of stay earlier granted by Tribunal on various dates lastly granted on 01.03.2019 in S.P. No. 75/Bang/2019 for period of six months from 01.03.2019. 2. In course of hearing of stay petition, it was submitted by ld. AR of assessee that out of total demand of Rs. 26,37,40,727/- including interest u/s. 234A of Rs. 8,32,86,545/- and u/s. 234B of Rs. 8,79,13,576/-, present outstanding demand is only Rs. 8,30,92,838/- and present appeal was earlier heard on 08.11.2017 but recently, it came to notice of assessee that there was difference of opinion between Hon ble Accountant Member and Hon ble Judicial Member and hence, in terms of section 255 (4), matter has been referred to Third Member and hearing before Hon ble Third Member was fixed on 27.09.2019 but same was adjourned on request of ld. DR of revenue and hence, stay should be extended. He also submitted that even after hearing takes place before Third Member, after that also, significant time will be required for disposal of appeal because after pronouncement of order by Third Member, matter S.P. No. 264/Bang/2019 (in ITA No. 1270/Bang/2016) Page 2 of 2 will go back to Divisional Bench and hence, stay should be extended. ld. DR of revenue submitted that stay should not be extended. 3. We have considered rival submissions. In view of facts of present case as noted above, we feel it proper to extend stay for period of six months from date of this order or till disposal of appeal whichever is earlier. We order accordingly. We want to make it clear that assessee should not seek any adjournment in case of hearing before Hon ble Third Member or before Division Bench when matter reaches to Division Bench after pronouncement of order by Hon ble Third Member. If assessee seeks adjournment without justifiable reasons, then stay granted by this order shall stand vacated automatically. 4. In result, stay petition filed by assessee is allowed. Order pronounced in open court on date mentioned on caption page. Sd/- Sd/- (PAVAN KUMAR GADALE) (ARUN KUMAR GARODIA) Judicial Member Accountant Member Bangalore, Dated, 27th September, 2019. /MS/ Copy to: 1. Appellant 4. CIT(A) 2. Respondent 5. DR, ITAT, Bangalore 3. CIT 6. Guard file By order Assistant Registrar, Income Tax Appellate Tribunal, Bangalore. Hotel Woodside v. Assistant Commissioner of Income-tax, Circle 1 (1), Mangalore