Stay No. 588/D/2019
(In ITA 1417/D/2016)
IN THE INCOME TAX APPELLATE TRIBUNAL
DELHI BENCH `I-1' NEW DELHI
BEFORE SHRI R.K. PANDA, ACCOUNTANT MEMBER
AND
SHRI SUDHANSHU SRIVASTAVA, JUDICIAL MEMBER
Stay No.588/Del/2019
(In ITA No.l417/Del/2016)
ASSESSMENT YEAR: 2011-12
Jindal Steel & Power Ltd., vs ACIT, Circle 1(1),
Delhi Road, Hisar Gurgaon
Haryana Haryana
(PAN : AAACJ7097D)
(APPLICANT) (RESPONDENT)
Assessee by : Shri Salil Kapoor, Advocate
Mrs. Ananya Kapoor, Advocate
Department by : Ms Naina S. Kapil, Senior DR
Date of Hearing : 17.05.2019
Date of Order : 17.05.2018
ORDER
PER SUDHANSHU SRIVASTAVA, J.M.
The applicant, M/s Jindal Steel & Power Ltd., Hisar
(hereinafter referred to as `the assessee'), by moving the present
application under Rule 35A of ITAT Rules, 1963, has sought to
extend the operation of stay order dated 07.06.2016, vide which
the demand of Rs. 130,88,84,220/- raised by the revenue was
stayed as per the directions mentioned therein, on the ground
that the delay in the disposal of the appeal filed by the assessee is
not attributable to the assessee.
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Stay No. 588/D/2019
(In ITA 1417/D/2016)
2. Keeping in view the averments made in the application
under consideration, which get duly corroborated from the order
sheet entries recorded by the Bench and not having been
controverted by the Ld. DR, the delay in disposal of appeal is not
attributable to the applicant, in any manner whatsoever, we are
of the opinion that the application under consideration is liable
to succeed. Consequently, the stay order dated 07.06.2016
(supra), thereafter extended vide orders dated 02.12.2016,
26.05.2017, 17.11.2017, 18.05.2018 and 16.11.2018 is ordered
to be further extended for six months or till the appeal is
disposed of whichever is earlier subject to the rider that the
assessee shall not delay the disposal of appeal in any manner
whatsoever failing which the stay granted shall be vacated.
3. The stay application stands allowed.
Order pronounced in the open court on 17.05.2019.
Sd/- Sd/-
(R.K. PANDA) (SUDHANSHU SRIVASTAVA)
ACCOUNTANT MEMBER JUDICIAL MEMBER
Dated: 17th MAY, 2019
`GS'
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Stay No. 588/D/2019
(In ITA 1417/D/2016)
Copy forwarded to: -
1) Appellant
2) Respondent
3) CIT(A)
4) CIT
5) DR
By Order
ASSTT. REGISTRAR
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